Until Innocent
by Zan65
Summary: An undercover assignment has ended in disaster. The FBI wants to pin it on Dinozzo, but Gibbs has to protect his agent from the FBI... and himself.
1. Chapter 1

UNTIL INNOCENT

**UNTIL INNOCENT**

**CHAPTER ONE**

_This is a multi chapter fic based on one of my 'Moments & Fragments'. The original fragment is chapter one. Zan._

'I'm sorry sir. Only family members are allowed in ICU.'

Gibbs felt Tony's hand grip move slightly in response to the nurse's statement. He had not even been aware that the younger man was conscious. It seemed he was aware of at least some things going on around him.

'I'm his father,' Gibbs said quietly, turning to look at her. The nurse looked from the shorter gray-haired man to the tall, lanky, dark-haired man on the bed. She saw no physical resemblance but the closeness between the two was obvious. The older man's face was strained with worry.

'Sorry sir,' she apologized. 'I'll see that you're disturbed as little as possible.'

Gibbs nodded his thanks before turning his full attention back to Tony whose eyes had remained closed. Perhaps he'd drifted away again.

'Yrr not mm f'ther,' Tony slurred, his voice very fuzzy and peculiar.

'You got that right,' replied Gibbs as he placed his hand gently on Tony's forehead. 'You'd be getting yourself into a lot less trouble if I was.'

Tony's eyes opened a crack and he was able to take in Gibbs' familiar yet worried face. Seeing Tony's green eyes for the first time in two days, Gibbs managed a small smile.

'Welcome back,' he told him. 'You gave the doctors a scare.'

Truth be told, it was actually Gibbs himself who had put the fear of God into the medical staff. His glares alone had inspired them to perform medical miracles.

Tony licked his lips slowly and tried to swallow, both actions causing discomfort.

'W.what happened.. at ..Quan…Quantico?' he asked croakliy.

'Just take it easy,' Gibbs soothed. 'You've got the best doctors looking after you, and Ducky's looking over their shoulders. You're hurt pretty bad. Just take things slowly.'

There was no need for Tony to know that several agents were dead and that Tony would be required to testify against Sharlon. Hell, if Gibbs had had his way. Sharlon would have got NO trial.

Tony winced as he tried to move his limbs.

'Bad idea,' he whispered. 'Get the number of the truck that ran me down?' Gibbs patted his shoulder.

'One broken wrist, GSW to your right leg, fractured ribs, a punctured lung and concussion,' he told him. There was no need to sugar-coat it. It was an ugly list however you said it. Tony said nothing but Gibbs knew what he was thinking. Tony hated recuperation, rest and rehabilitation – the '3 R's' as Ducky referred to them as.

'You're gonna be fine, Tony,' Gibbs reassured him. 'Someone'll stay with you, or you can stay with me. You won't do this alone, I promise.'

Tony felt his eyes well up at Gibbs' words – so different from the ones he had heard when he'd fallen from his bike as a young boy. His father had never given a damn about how he was going to heal – only about the state of the bike. And Gibbs' promises, unlike his father's, were rock solid.

'You in pain?' asked Gibbs, seeing Tony's distress. 'Want me to call the doc?'

Tony managed to utter a strangled 'no' and gripped Gibbs' hand as hard as he could, closing his eyes at the same time. Gibbs returned his free hand to Tony's head and gently tousled the younger man's hair. The action had a soothing effect. Tony's face relaxed and his breathing slowed.

'I wish.. I wish…' Tony murmured dreamily before succumbing to sleep once again. Gibbs carefully let go of Tony's hand and lent back in the chair, his eyes not leaving his agent's face. He felt much more settled now that Tony had woken, albeit briefly, with his faculties intact. He would stay, however, for a number of reasons: to scare off anyone sent to question Tony before he was ready, to make sure the doctors were doing their job, and to be there for Tony when the memories of Quantico inevitably returned.

Gibbs sighed, and then the corners of his mouth lifted slightly as he pondered what Dinozzo wished for. The smiling and suave Dinozzo of the bullpen, with mask fully in place, would surely have a wish list designed to make McGee blush and Ziva slap him across the face. As for the insecure Tony that Gibbs saw lurking, his wishes were likely to be far less superficial but more difficult to grant – at least in the young man's mind.

His own wishes, the ex-marine reflected, were much more straight-forward. He wished psychopaths like Sharlon would drop dead before they killed anyone, and that Dinozzo's recovery (mental and physical) would be quick.

Looking over at Tony he saw his eyes flickering beneath his eyelids; obviously dreaming. Gibbs shut his own eyes and allowed himself a little rest. Tony, meanwhile, dreamt of a blissful childhood spent riding a bike alongside Gibbs.


	2. Chapter 2

UNTIL INNOCENT

**UNTIL INNOCENT**

**CHAPTER TWO**

'No!'

It was a single word but it was uttered with finality, and there were fierce, menacing undertones to it. But Fornell did not scare easily.

'There _will_ be an interview,' he told Gibbs, his own voice hard and uncompromising.

'Yes, there will. But it will be an interview, not an interrogation, and it wont be now,' stated Gibbs.

'Is he awake?' persisted Fornell, peering past Gibbs, even though the door to Dinozzo's room was shut.

'No, he's still unconscious,' said Gibbs. There was no need to tell Fornell that Dinozzo had woken briefly, been told about his various injuries, and clung to Gibbs' hand before returning to sleep.

'I'd like to see for myself,' said Fornell as he stepped forward. Gibbs' arm shot out like an iron bar, halting Fornell's progress. Their eyes met. Fornell's were hard. Gibbs' blazed with the protective ferocity of a guard dog.

'Not now,' the ex-marine breathed.

'Imagine yourself in _my _shoes,' said Fornell. 'Two dead agents, and your computer geek is alive – saved by a loose cannon who seemed to be the only one who knew what was going down. Dinozzo's gonna have to come up with some good answers or we might be having _two _trials.'

Gibbs seethed inwardly. No, he couldn't immediately explain why the inexperienced McGee was alive while two highly trained FBI agents were dead. And yes, he'd be pissed if he was Fornell, but questioning Tony's integrity was unwarranted, particularly when the man was unable to physically or mentally defend himself. Gibbs did not trust himself to articulate all of this, however, without exploding.

'Back off, Fornell,' he growled. Fortunately for them both, the FBI agent did so, muttering that McGee better be ready for _his _'interview' later that day. Gibbs immediately made the call to arrange for an NCIS guard to be placed outside Tony's door. Sharlon was safely behind bars, but Gibbs was determined to protect Dinozzo from non criminals who might seek to do him harm.

………………………..

Tim McGee continued to pace the floor of Abby's lab while Abby and Ziva watched and listened. They listened patiently to him tell them what they already knew: he was anxious about the impending visit of the FBI. McGee had already given a brief statement immediately after the incident, but now Fornell was after the nitty gritty, and Gibbs was going to be present. McGee didn't know who he was more scared of.

'Just tell the facts as you remember them,' said Ziva. 'And answer their questions directly. Do not suppose or speculate unless you are asked to.'

'I know, I know,' said McGee, still pacing. 'I just don't want to say anything that's gonna get Tony into trouble.'

'McGee!' said Abby sharply. '**You** didn't do anything wrong and **Tony** didn't do anything wrong. How could anything you say get him into trouble?'

'It's just the way they mess with what you say,' continued McGee. 'And I can't even explain how or why Tony did what he did.'

Ziva grabbed his arm to stop him in his tracks.

'He saved your life,' she told him, her voice low and serious. 'There is no more explanation needed than that.'

McGee looked into her eyes for a few moments before nodding and sighing. It was true. If it wasn't for Tony, McGee would be in one of Ducky's drawers for sure. He was just going to have to make sure he didn't screw up the interview. He owed at least that much to Tony.

Gibbs was not surprised to find McGee with Ziva and Abby. As he entered the lab he saw the three and then found himself with his arms full of Abby.

'Gibbs!' she gushed with her arms still around him. 'How's Tony? And what about you? Have you slept? Is he awake yet? Is…'

Gibbs cut her off by gently placing a finger across her lips and smiling, despite his weariness.

'Tony's gonna be fine,' he assured her. 'He's got some healing to do, but the doc says he'll make a full recovery.'

Abby nodded and gave Gibbs a big smile even though he had chosen to ignore her questions about his own need for sleep.

'Fornell's here,' Gibbs told McGee, turning his attention to the other man. 'Keep to the facts and look to me if you're not sure. Fornell's already made up his mind about something and I don't want him getting any support for his crap theories from you. Got that?'

'Yes Boss,' answered McGee before reluctantly following Gibbs.

………………………

Fornell: For the record, describe what happened when you arrived at Sharlon's cell two days ago.

McGee: In my undercover role as a prison guard, I arrived at Sharlon's cell, accompanied by Smith, a real guard who knew about the covert operation. Sharlon was playing cards with FBI Agent Maxwell and the prisoner, Silva. FBI Agent Carter and Special Agent Dinozzo were standing in the far corner, talking. We announced that it was time to go to the exercise yard. Smith unlocked the cell door. The four men came out and walked single file to the exercise yard.

Fornell: Was there any conversation on the way?

McGee: Sharlon was bragging about winning the card game. Special Agent Dinozzo was whistling.

Fornell: Whistling at what?

McGee: Whistling a tune. A Frank Sinatra tune.

Fornell: What happened when you got to the exercise yard?

McGee: As Smith was unlocking the gate to the yard, Sharlon suddenly had a gun in his hand. Before I could react, Agent Dinozzo knocked me over. Sharlon fired at us and then fired at Carter and Maxwell. I then saw Silva restrain him.

Fornell: What was Smith doing?

McGee: I saw him help to restrain Sharlon after the shots were fired.

Fornell: Did Sharlon know Carter and Maxwell were not real prisoners? Had their cover been blown?

McGee: I don't believe so. There was no indication of that. Agent Dinozzo would have halted the operation had he thought so.

Fornell: Why did Sharlon shoot at you and then at Carter and Maxwell?

McGee: That is unclear. Part of his escape bid? He still thought I was a guard. Maybe he told Carter and Maxwell facts that he wanted kept private.

Fornell: What did you do when Sharlon opened fire?

McGee: Tony..um.. Agent Dinozzo pushed me over the low wall. I heard the shot at almost the same time. Agent Dinozzo must have knocked himself out on the concrete floor because he didn't move. His body was pinning my legs to the ground. I heard two more shots and then managed to half sit up to see Silva and Smith pulling Sharlon's arms behind his back. Then the other guards came running.

_McGee recalled the sickening sensation of hot, sticky blood oozing from Dinozzo's leg wound onto him. He had been terrified that Tony was dead until he felt the other agent move slightly._

Fornell: You and Smith were supposed to be the only ones armed. You're the only undercover operative unscathed. You did not have time to fire your weapon. How do you explain that? How did Sharlon get the weapon?

McGee: I had no time to draw. It all happened so fast. The gun appeared out of nowhere.

Fornell: Dinozzo must have known something. He acted quicker than anyone else. Shame he didn't pass on his knowledge to Maxwell and Carter.

Gibbs: That's enough. That's not a question. It's speculation and it's slander.

McGee: There's no evidence that Tony knew anything before it started to happen. Sometimes he just reacts quicker than anyone else.

Fornell: You'll be telling me it was his gut next. Interview terminated.

………………………………

Fornell put away his papers and left the room. McGee remained seated at the table watched by Gibbs who had not left his position standing against the wall.

'You did good, McGee,' said Gibbs gruffly, sitting down on the seat vacated by Fornell.

'I really thought Tony was dead,' confessed McGee, his eyes wide.

'Dinozzo's fine,' Gibbs reassured him in the lightest tone he could manage. 'The medics said that someone managed to put good pressure on his thigh wound. Take it that was you.'

'Yeah,' admitted McGee, recalling the repulsive act of washing Tony's crimson blood from his fingers.

'Good job,' said Gibbs. He knew full well how squeamish McGee was.

'I just don't understand how Sharlon could have the gun,' said McGee, his face a picture of bewilderment. 'I should have been able to suss that out.'

'Dinozzo will have some answers,' Gibbs told McGee with more confidence than he felt.

'Will you be the one who asks him when he regains consciousness?' asked McGee. He did not want Fornell going for Dinozzo in his current mood.

'He doesn't remember yet,' Gibbs told him. 'He has some memory loss that the doctor believes is temporary. He hit his head pretty hard.'

'I thought you told Fornell that he hadn't woken up yet,' said McGee.

'He woke briefly,' Gibbs told him. 'I told Fornell he wasn't ready for questioning. You only tell the FBI what you want them to hear.'

'What if he doesn't remember?' asked McGee. 'Will they try and pin something on Tony? He doesn't deserve that, Boss.'

'He'll remember,' Gibbs told him. 'And until he does, we won't LET them pin anything on him.


	3. Chapter 3

UNTIL INNOCENT

UNTIL INNOCENT

Chapter Three

Gibbs tightened his grip on he steering wheel as he drove at his usual break-neck speed towards Bethesda. A little while after Fornell's interrogation of McGee, Gibbs had received official notification that Dinozzo would be questioned by Fornell that very afternoon. The FBI had contacted Tony's doctor directly and had been told that the agent was experiencing periods of consciousness. The interview was not recommended by the doctor, but the FBI was determined to proceed regardless.

Gibbs had been deeply unsettled by Fornell's questioning of McGee – in particular his insinuation that Tony knew more about Sharlon's intentions than the others did It was uncharacteristic of Fornell to be out for blood, but the death of one's own people could make a leader ruthless. Gibbs knew this all too well.

As he did battle with the traffic, Gibbs went over in his mind what he had put in place back at the office. Ziva was doing background checks on the two dead FBI agents, Smith the guard and Silva. McGee was checking all relevant telephone records. Ziva had accepted the task with relish, obviously relieved to be doing something that may help her stricken partner.

Gibbs' immediate priority was to prepare Tony for Fornell's questions. He had already decided not to tell Tony about McGee's version of events before Fornell grilled him. If Tony still could remember nothing, putting pictures in his head was not going to help. Genuinely NOT knowing what had happened might actually protect Dinozzo against Fornell. Not that Tony was going to like being kept in the dark. Hell, Gibbs himself would have hated to be in his position.

Arriving at the hospital, Gibbs quickly made his way up to Dinozzo's room. He walked in to find Ducky telling Tony all about modern plaster casts. Tony was awake but bleary eyed and still unable to be sat up. He seemed relieved to see Gibbs.

'Boss,' he rasped in welcome.

'Bout time you woke up,' returned Gibbs brusquely. His tone was harsh but neither Ducky nor Tony missed the genuine concern in his eyes.

'Anthony's actually been awake for the last 20 minutes,' Ducky announced, cheerfully. 'He used an expletive to describe how he is feeling, but officially his vitals are steady and his vision is clearing.'

'Sorry Ducky,' whispered Tony.

'Quite alright, my boy,' Ducky replied with a laugh. 'Your injuries rather warranted some colorful language!'

Gibbs peered closely at his agent and shook his head at how badly he was hurt. He wondered if the director would have granted Fornell's request if she had been to see Tony personally.

'What's going on?' asked Tony hoarsely. He could sense that Gibbs was more on edge than usual.

Gibbs explained that Fornell would be there inside the hour to question Dinozzo about what had happened, that the doctors were against Tony being interviewed, that Gibbs was pissed off with the director for allowing the interview, and that Gibbs was going to be present during the interview. Tony's mind was racing. Something really bad must have gone down for him to be interviewed so soon. And he had no idea what.

'Tell me what happened,' he asked Gibbs through half closed eyes. Gibbs inhaled sharply and shook his head.

'If you can't remember, it's better that I don't tell you until after Fornell's done sniffing around,' he told Tony. Tony looked from Gibbs's face to Ducky's and back to Gibbs and licked his lips nervously. Reluctantly, he nodded. He trusted Gibbs to do what was best for the agency and for him.

………………………………………………………………………

'I want on the record that this interview is against the recommendation of Doctor Reed and myself,' said Ducky to Fornell and his agent. Ducky stood with his back to the closed door to Dinozzo's room.

'Put it on the record,' Fornell told his man. 'And now, Doctor Mallard, move aside.' Ducky did so but with his sternest expression still in place.

Fornell entered the room to find that Tony Dinozzo already had 'company' if that was the right way to describe Gibbs. The ex-marine was standing the far side of the bed with his arm folded across his chest. He didn't look happy, mused Fornell, but, frankly, neither was he. Informing two women they were newly made widows had not been Fornell's idea of fun. Fornell's eyes traveled to the bed. He had to admit that Dinozzo looked like crap. He sported an ugly bruise on the side of his brow, and deep grazes along one cheek. His wrist was in plaster and substantial bandaging around his leg and torso was evident, even though a thin blanket had been pulled up to the NCIS agent's chest. Dinozzo's eyes were closed, and even Fornell doubted he had the stomach to wake him.

'Sit down,' Tony said suddenly in his usual laconic manner. He opened his green eyes in time to see Fornell's man jump slightly. Tony managed a cat-like grin. Any shred of sympathy Fornell might have felt for him evaporated.

Fornell dragged a chair next to the bed, sat down and made eye contact with his target.

'This is an official interview,' he began. 'Agent Drake will be recording anything we say.' On cue, Drake produced a recording device and pressed the green button.

'Very good work, Drake,' commented Tony. 'Although I doubt it will make the charts.'

'What happened at Quantico?' asked Fornell, ignoring Dinozzo's antics.

'Can you be more specific? I was there for at least a week you know.'

'What do you remember up to the time of the…. incident?'

Tony's brow furrowed, an action that made him wince.

'Carter, Maxwell and I went in as undercover crims. McGee went in as a screw, which is only slightly more believable that McGee being a hardened criminal. Carter, Maxwell, and I bunked in with Sharlon and Silva. Our mission was to suss out Sharlon's terrorist connections.'

'And?' prompted Fornell when Tony abruptly stopped.

'Well, we did the usual fun stuff: ate bad food, told bad jokes, watched bad TV and played some cards. And that's it. Next thing I know I'm in here and Gibbs is telling me why I feel like I've been run over.'

'What about the exercise yard?' persisted Fornell, unsatisfied.

'We exercised in it,' said Tony, his heart beginning to beat a little faster. He wished that Gibbs had told him what had happened. His imagination was starting to go wild.

'You were escorted to the yard as a group. McGee took you, Sharlon, Carter, Maxwell and Silva. There was an incident. What happened?'

'I..I don't remember,' Tony stammered, panic starting to rise within him. 'What happened?' he asked, his eyes flicking between Gibbs and Fornell. Fornell leaned into Tony's personal space before he spoke. His eyes bored into those of the NCIS agent.

'You must remember something. Two agents are dead, and you're still breathing.'

'_Oh fuck! McGee's dead!'_ Tony's imagination screamed at him. _'First Kate, now McGee.'_

Tony brought his hands to his face, an action that threatened to rip out his IV and elicited an involuntarily gasp of pain as his badly broken wrist and fractured ribs protested. Gibbs leapt forward, grabbing Tony's arms as gently as he could. The heart monitor was going berserk. Tony had screwed his eyes shut, trying to rid himself of the awful truth that another of his team was dead while he survived.

'Tony! Tony!' Gibbs tried to make Tony hear him but didn't seem to be able to get through. Turning to Fornell, still holding Tony's forearms, Gibbs shook his head.

'I told you it was too early for questions!' he snarled, channeling his concern for Tony into anger at Fornell.

'Of course you're buying the amnesia!' spat Fornell. 'It's a convenient way to cover your own backside.'

'Yeah, and this is all an act too, Fornell!' Gibbs spat back, gesturing towards Tony.

Their 'discussion' was interrupted by the arrival of the doctor and two nurses.

'Get the hell out! All of you!' ordered the doctor, replacing Gibbs' grip on Tony with his own. 'Nurse, re-attach that drip and add some more sedative!'

Fornell and Drake quickly left, but Gibbs stayed hovering at the door until Tony was well and truly out of it again. He left as the doctor began to re-examine Tony's bandaged ribs.

Outside the room, Gibbs found Ducky waiting anxiously.

'Stay in the room with him when the doc is finished,' he told Ducky as he strode past the NCIS guard positioned outside the room. 'Call me the minute he wakes up.'

'Jethro, what..'

'Stay with him!' Gibbs barked. He was in no mood for further discussion. An hour ago he was puzzled and concerned. Now he was majorly pissed off as well.


	4. Chapter 4

UNTIL INNOCENT

UNTIL INNOCENT

Chapter Four

Cynthia didn't try to stop Agent Gibbs as he marched past her and into Director Shephard's office. The older man had little regard for protocol – that she knew- but the look on his face was so dark that she didn't dare to given him her usual token reminder to wait.

Jenny Shephard looked up from her paperwork into the angry face of her ex-partner.

'Tell Fornell to back off,' he told her, his voice deadly serious.

'I had no choice than to grant the FBI permission to speak to Agent Dinozzo,' she replied sternly.

'_**Speak **_to him?!' spat Gibbs. 'They want to **persecute** him!'

'Two of their agents are dead,' she reminded him.

'And one of _**your **_agents is critically injured and suffering from amnesia!' Gibbs shouted back. 'I'm not going to let them crucify one of my team. Are you?'

Jenny stood up and gripped the desk edge. Cases involving Dinozzo always seemed to get under Gibbs' skin, and this one appeared to be affecting him to a greater degree than usual..

'I am not going to do anything to impede their investigation,' she told him. 'If we look like we're protecting Dinozzo, they'll go for the jugular. And don't insult me by suggesting that you wouldn't want blood if you were in Fornell's place.'

'Interrogating him to the point that he needs sedation isn't helping Dinozzo,' Gibbs persisted.

'You and Fornell having a pissing match over his hospital bed isn't likely to be helping him either,' returned Jenny.

Gibbs exhaled heavily through his nostrils before turning to look out the window. Jenny gave him a moment before coming to stand beside him. She tentatively placed her hand on his shoulder.

'Jethro, how _is _Tony?' she asked quietly.

'Confused. Sore. Upset,' Gibbs said, without looking at her.

'His doctor has filed an official complaint and placed a ban on further official interviews. I managed to convince him that you, as Tony's next of kin, should be allowed to visit and talk with him all you want,' said Jenny.

Gibbs allowed himself a small sigh of relief and nodded his gratitude.

'Tell Tony I'm thinking of him,' said Jenny as she returned to her desk. 'And don't cause any accidents hurrying to get back there.'

……………………..

Tony woke to the steady beep of the heart monitor. Yep, definitely still in a hospital. Not in a prison. He wasn't sure which he hated more God he was thirsty! He swallowed and licked his dry lips.

'Take a drink my dear boy,' said a quiet voice beside him. Opening one eye, Tony saw Ducky. At least he had heard the monitor before the voice or he might have worried that he was in autopsy.

'Thanks Duck,' he said croakily as a straw was brought to his lips.

'Everything's alright,' Ducky told him as he returned the drink to the bedside table. 'Gibbs will be here shortly. He left explicit instructions for me to ring him the moment you woke up, but he rang five minutes ago to say he was already on his way back.'

Tony pondered this for a few moments before he remembered what had occurred before he'd gone to sleep again. His eyes widened.

'Is..is he dead?' he asked with dread.

'Gibbs? No, my boy! What an odd question,' remarked Ducky.

'No. McGee,' continued Tony, his face fearful of Ducky's response.

'Lord no!' exclaimed the ME. 'Gibbs is rather out of sorts at the moment, I agree, but killing McGee would be a rather drastic measure, even for him.'

Tony shut his eyes again and let out a breath he didn't realize he had been holding. _McGee was alive. Tim was living and breathing. Long live the Probie!_

'And how are YOU feeling?' asked Ducky, perusing the bruising and bandaging.

'Better now,' Tony breathed. Right now he didn't much care how many bullet holes he had in him, as long as McGee was alive.

'Can _you _tell me what happened?' Tony asked Ducky, hopefully.

'No he can't, but McGee will,' said Gibbs brusquely as he entered the room with McGee in tow.

McGee instantly paled at the sight of Tony. He hated seeing injury to anyone, but this was invincible, brash, cocky, pushy, irritating Dinozzo who had thrown himself at McGee, injuring himself while saving the younger agent from certain death. Tony looked past Gibbs and drank in the sight of McGee.

'You see,' said Ducky, casting a meaningful look in Gibbs' direction. 'McGee's alive and well.'

'Yeah, I knew that,' said Tony. 'Just yanking your chain, Ducky.'

But Gibbs had seen the relief on Tony's face as McGee had entered the room. He had also witnessed the return of a familiar Dinozzo mask.

'Tony,' said McGee, hesitantly. 'It's good to see you're awake. How are you feeling?'

'Oh, about as good as anyone would feel with a GSW, broken wrist, fractured ribs and a doozy of a concussion,' he said, sarcastically. 'What about you? You appear to be functioning within normal parameters.'

McGee swallowed nervously and looked sideways at Gibbs. Tony's tone had the nasty edge to it that McGee had heard a few times before. It usually did not bode well.

'McGee's come to fill in the blanks,' Gibbs told him.

'You mean THE blank. The great humungous blank,' Tony corrected him.

Ducky excused himself and Gibbs gestured for McGee to sit while Gibbs took the seat on the opposite side of the bed. McGee obediently sat and waited for Gibbs to tell him to start. His boss had told him to give Tony the 'no B.S.' version of events. Hopefully it would spark some memories for the senior field agent.

'Today, McGee!' barked Gibbs.

McGee related the facts of arriving at the cell and escorting the 'prisoners' to the exercise yard. Tony listened silently to the tale of events that he had been part of but could not recall. 'We were at the gate,' McGee continued, 'and you kind of leapt at me. You knocked us both over the wall. I heard a shot at about the same time. I kind of sat up and looked over you. Sharlon had shot Maxwell and Carter. Silva and White were restraining Sharlon. You didn't move. I think you knocked yourself out on the ground.'

Tony's eyes narrowed as he tried to recall anything.

'You must have seen Sharlon produce the weapon,' said Gibbs, gently. 'Or known that he had one.'

Tony shook his head against the pillow in frustration.

'I can't remember,' he admitted, dejectedly. 'Sorry Boss.'

'You saved my life, Tony,' said McGee. 'You took the bullet meant for me. You're lucky it didn't kill you.'

'What about Carter and Maxwell?' Tony asked Gibbs, ignoring McGee's comments.

'Both dead,' Gibbs told him. 'Head shots at point blank range.'

Tony processed this and felt nauseous. No wonder Fornell was so pissed. He remembered Gibbs' relentless pursuit of Ari. And now Tony had let **this** happen. Those agents had both been married men. He shut his eyes and swallowed. Why couldn't he remember? Think, think, think!

'Tony?' said Gibbs.

'What?!' Tony snapped, without opening his eyes.

McGee almost jumped in shock. You just _didn't _respond to Gibbs like that!

'McGee, go back to the bullpen and keep checking phone records,' said Gibbs. He could see Tony's frustration. It would serve no purpose for him to have a meltdown in front of McGee.

'On it Boss.' McGee stood up and made for the door but turned back to address Tony once again.

'Ah, Tony? I just want you to know that I thought you did an amazingly heroic thing. You ..you got hurt saving me. I'm really grateful.'

'Yeah?' said Tony, opening his eyes. 'That's nice, Probie. I'm sure Mrs. Carter and Mrs. Maxwell won't be experiencing quite the same sentiment.'

McGee looked nervously at Gibbs before hurrying out and leaving the two more experienced agents alone.

Gibbs dragged his chair closer to the bed and waited for Tony to vent. He did not have to wait long.


	5. Chapter 5

UNTIL INNOCENT

UNTIL INNOCENT

Chapter 5

Tony stared at the ceiling for a few moments before turning his head to look at Gibbs.

'I let Sharlon shoot two good men,' he said, his eyes wild.

'You stopped Sharlon from killing McGee,' Gibbs stated, calmly.

'I must have known Sharlon had a gun,' continued Tony, as though Gibbs had said nothing. 'How could I have reacted so quickly if I hadn't known he had a weapon?'

'You have great reflexes,' Gibbs told him patiently. 'You don't know that you knew Sharlon had a gun.'

'Boss, I don't know ANYTHING!' said Tony, his voice rising. 'What if I made a really bad call?'

'You _will _remember,' said Gibbs, leaning closer. 'And I've never known you to make a really bad call.'

'Two agents are dead – probably due to me,' persisted Tony, tears beginning to prick the back of his eyes.

'And two agents are alive, definitely due to you,' said Gibbs. He took hold of Tony's uninjured hand and squeezed it tightly.

'What if I screwed up?' whispered Tony, meekly. He looked into Gibbs' eyes. He needed something to hang onto – something that would stop the panic from rising any further.

'Dinozzo,' said Gibbs, his full attention on the younger agent, 'whatever you did, _I_ know you did it for a good reason. You _will _remember. You just have to give it some time.'

Gibbs noticed but made no comment about the single tear running from the corner of Tony's right eye, down his face and onto the pillow.

Tony clung to Gibbs' words and tried to make himself believe them. He gave a shaky nod and shut his eyes. His head hurt and even the low light seemed too bright. Gibbs still had hold of his hand and Tony wasn't about to complain – or make a stupid joke about it. With all the drama and discomfort and uncertainty, Gibbs – as always – was Gibbs. He had promised Tony that he wouldn't be doing it on his own, and he had kept that promise. Tony was still amazed, however, that the older man could be bothered.

'What happens next?' Tony asked, his voice fading.

'We question Sharlon and the other witnesses,' said Gibbs, his voice reassuring. 'The team keeps looking at other angles. We concentrate on getting you well.'

Gibbs maintained the physical contact with Tony until the latter had drifted back off to sleep, obviously still affected by the painkillers and sedative in his system. Gibbs disengaged his hand and sat back. Things were worrying him – things besides the fact that two FBI agents were dead and that his number one field agent had amnesia. How hard would the FBI go after Tony if his memory did not return? And were Dinozzo's actions to save McGee heroic or reckless? He had no doubt that Tony was a courageous man; that had been proven many times over. But there were times that Tony acted in ways that troubled Gibbs deeply. When he and Ziva had gone undercover as married assassins, Tony had deflected physical harm away from her onto himself, and then given her a chance of escape, leaving himself even more vulnerable. When Gibbs had discovered Tony alive and well in a car with a slain killer behind him, Tony had seemed strangely more upset at the killer's death than relieved by his own survival. When Tony had been half dead with plague, he had seemed more concerned that Kate had been affected as well and that he had caused it. Gibbs could not put his finger on why, but Tony was far too flippant about his own survival and too ready to put himself in danger. And now his current guilt-trip about the two dead agents was definitely not going to help once the FBI regained permission to talk to Tony. Gibbs sighed, stood up and left the room. He had no more time for reflection. He needed to get back to the case.

………………………………….

Tim McGee made the trek down to Abby's lab, somewhat reluctantly. Abby had made him promise her a report after he had seen Tony, but his encounter with the more senior agent had left him perturbed and depressed. There was no point sugar-coating anything for Abby. Her powers of intuition and B.S. detection were only slightly less impressive than her forensic abilities. Scary.

The elevator doors opened. Tim gasped involuntarily as he found himself face to face with Abby.

'How is he?' she cut to the chase in an unnervingly Gibbs-like manner.

'Can I get out of the elevator at least?' McGee asked tiredly. He walked into the lab with Abby snapping at his heels.

'What's wrong? Was he awake? Gibbs said that he was awake. Has he got worse? Is he able to speak?'

'Abs!' Tim pleaded. 'He's okay. He's got some pretty serious injuries but he'll survive, okay? It's just that… he can't remember anything about what happened and he's real pissed off about it.'

Abby shook her head sadly and patted McGee's arm.

'Got that whole bitter, self-loathing thing going, yeah?' she asked.

Tim nodded, recalling Tony's reaction to his thanks for saving his life.

'He even snapped at Gibbs,' he told her.

'Oh my God!' exclaimed Abby. 'That is so not good.'

'Tell me about it,' said McGee. 'Gibbs threw me out after that. He's probably giving Tony an earful. I hope he takes it easy with the head-slaps.'

Abby smiled at McGee. He really was quite clueless, she mused.

'Gibbs threw you out, McGee, because he knows that Tony is feeling really crappy mentally, physically and emotionally right now, and that he doesn't need you to see him like that. You know that Gibbs looks after his team.'

McGee rubbed his hand thoughtfully over his mouth. He'd never really thought about Tony needing any TLC, let alone Gibbs providing it. It didn't go with the image he had of either of them, but Abby seemed confident that that was the reason why he'd been dismissed. And McGee could cope with that explanation more than he could cope with imagining Gibbs barking at Dinozzo in his current state.

So Tony really can't remember anything?' asked Abby, breaking him out of his reverie.

'Nothing about the incident,' McGee told her, ruefully. 'Gibbs was kind of hoping that me telling him about it would trigger something.'

'Don't worry,' said Abby drawing him into a hug and resting her cheek against his shoulder. 'Witness statements will help. You or Ziva will discover something to help him. If all else fails, we can always light some candles and do a little hypnosis to help Tony remember what happened. Tony would love that!'

McGee doubted that Tony would 'love it' as he stared into space and hugged Abby back. In his mind's eye he could still see Tony hurt and angry and looking nothing like his usual self. With all the resources of NCIS and Gibbs' fierce determination to make things right, he sure hoped, for Tony's sake, they were not going to be so desperate as to resort to hypnosis.


	6. Chapter 6

UNTIL INNOCENT

UNTIL INNOCENT

Chapter 6

Fornell sat across the table from the terrorist and regarded the man with extreme distaste. Sharlon had shot two of Fornell's colleagues in cold blood. Rather than appearing subdued and remorseful, Sharlon looked relaxed and confident.

Gibbs and Ziva watched proceedings from the viewing room. Gibbs had fought tooth and nail to at least share the initial interrogation of Sharlon, but Fornell had, not surprisingly, been given priority. _'You still get to talk to your agents,' Fornell had told Gibbs. 'I no longer have that option.'_

'You have the blood of federal agents on your hands,' Fornell began, going for shock value. His voice was cold. He expected Sharlon to show surprise. He did not.

'I have taken many lives in the name of the quest,' Sharlon told Fornell. 'Killing three that served the Infidel was merely – how do you say? – a bonus.'

Ziva looked sideways at Gibbs to see his reaction, but the ex-marine kept his eyes focused on Sharlon. It seemed that Sharlon believed his first shot had killed Dinozzo. He had no reason to believe otherwise. McGee himself had said that he thought Tony was dead as his body pinned him to the ground. Ziva turned her attention back to the interrogation.

'You knew they were not criminals?' asked Fornell. Sharlon laughed nastily.

'From very early on. Their training left a lot to be desired.'

Fornell stared coldly at the killer as he re-thought his line of questioning. This was not what he had been expecting.

'Where did you get the weapon?' he asked. Sharlon crossed his arms across his chest and looked at the ceiling before answering.

'From… a friend,' he told the FBI agent. 'A friend who would have escaped with me but for two unfortunate occurrences.'

'Being?' asked Fornell, impatiently.

'The traitor who stopped me, and the fact that the friend is now dead,' said Sharlon.

'Who,' demanded Fornell, 'was the friend?'

Sharlon smiled and leaned forward.

'The one who whistled and talked far too much about movies,' he said.

…………………………………………

Abby waited impatiently outside Tony's hospital room. The nurses, she had been told upon her arrival, were attending to Tony's bandaging and personal needs. As important as Abby knew all of that was, she simply wanted to burst in and set eyes upon Tony. His absences from the office were always palpable – worse this time because she knew he was badly injured.

At last the door opened, two nurses filed out, and she was allowed to go in.

'Tony!' she exclaimed as she entered the room. She was pleased to see that the nurses had been able to prop him up with pillows into a half-sitting position. As her eyes swept over him, she realized that McGee had not exaggerated his injuries.

'Hey Abs,' Tony said in greeting.

Abby put down her over-stuffed bag and sat on the edge of the bed. Very carefully, she snaked her arms around him, kissed his cheek and gently rested her head on his shoulder. Concentrating with all her might, Abby summoned all the thoughts of wellness and love that she could muster and visualized them all pouring into her friend.

Tony allowed Abby to hold him. He even lost himself in her embrace for a few moments. Abby was one of only a very select group of people that he allowed such intimate closeness with. Abby didn't expect anything from him. She just cared really deeply about him and for that he was grateful. She even knew much of what was beneath the bravado and the bluff, and loved him all the more for it. Finally, he patted her back with his good hand and sighed.

Abby kissed his cheek again before sitting up.

'Are you being looked after okay?' she asked him, her eyes serious. 'Because if there's anyone not pulling their weight, I can have them re-assigned.'

Tony smiled - his first genuine smile since he had woken up to this nightmare.

'It's fine,' he told her. 'For a hospital,' he added. She knew he hated them with a passion. 'Apparently I'm doing a little better. I even graduate to eating jelly for dinner today.'

Abby ran her hand through Tony's hair, being careful to avoid the nasty head wound. As much as he obviously hated it, she detested seeing him like this.

'How's McGeek?' Tony asked, breaking the unnatural silence between them.

'You scared the crap out of him' Abby told him bluntly. 'He didn't cope well with you being so angry at yourself. You're like some kind of Superhero Tony to him now – even more than before.'

Tony moved her hand from his brow and exhaled loudly in frustration.

'I don't want to be his hero, Abs,' he said, gloomily. 'I just wanna remember what happened.'

'Okay, okay,' Abby said soothingly. 'You've just got to give it some time.'

'That's what Gibbs said,' Tony said, suspiciously.

'Well of course he did,' Abby told him. 'Gibbs came out of a coma missing several YEARS of his life.'

'I guess,' murmured Tony, looking down at the blankets.

'You need to start looking on the bright side, Mister,' Abby said in her most cheerful voice.

_Easy for you to say_ thought Tony, but he decided to humor her. He just couldn't bring himself to be angry at Abby.

'Give me a list,' Tony challenged her.

'Okay. 1: You're alive. 2: McGee's alive. 3: Big Bad Wolf Fornell's not allowed to talk to you again – Doctor's orders. 4: Your right hand is out of action, which means that Gibbs can't put you on desk duty to do all his paperwork. See! I saw you smile at that one! 5: Sharlon is in custody and probably won't ever get out again. 6: I brought Bert the farting hippo to keep you company. And 7: Gibbs has gone all psycho papa bear over this. Even IF you never, ever remember what happened (and I'm sure you will because you _**are**_ Super-Tony), Gibbs will make any bad stuff go away – and the whole team is right behind him, and you.'

Tony gave Abby another smile for her efforts and allowed her to tuck the promised hippo under his arm. He even managed not to cry when she leant in and gave him a very gentle, sweet kiss on his forehead.

………………………..

Ziva felt a shudder go through her body. Gibbs felt his heart sink to his feet. Fornell looked to where he knew Gibbs would be watching from. He closed his folder of notes before leaving the interrogation room.

Ziva began cursing in her own native tongue under her breath. Gibbs was still collecting his thoughts when Fornell joined them.

'I'm sorry, Jethro,' Fornell said in a conciliatory tone.

'Sorry about what, Tobias?' challenged Gibbs. 'That a lying bastard of a killer just implicated one of my team? Someone that he believes to be dead and is therefore unable to defend himself?'

'You heard him with your own ears,' said Fornell.

'Yeah, I did,' agreed Gibbs. 'I heard a lot of bullshit.'

'It's enough to make Dinozzo a suspect,' insisted Fornell.

'You'd already made up your mind he _was _a suspect!' said Gibbs, his voice rising.

'Yeah, well you're not the only one whose gut speaks,' countered Fornell.

'Sharlon is lying,' said Ziva, interrupting them. 'He is framing Tony, possibly to cover up some other fact, but definitely to divert attention from the murders he has committed. He is a ruthless killer who feels that God is on his side. He cares nothing for his own life or the lives of those around him. Tony did not give a man like that a weapon, nor did he befriend him.'

'I didn't know you were profiler, or a psychic, Agent David,' said Fornell sarcastically.

'I am neither,' Ziva told him, 'but I know that Tony would never knowingly assist a criminal. Tony may be many things, but he could never, ever be corrupted. He would give his life to see justice served. He nearly lost it protecting Agent McGee.'

Gibbs felt his chest swell with pride as he heard Ziva's words. Her loyalty to Tony was unfaltering, despite their daily sparring matches.

'I'm sure Gibbs will call you in as a character witness,' Fornell told her with a smile that did not reach his eyes. 'I'll be in touch,' he told Gibbs as he left.

'What happens now?' Ziva asked Gibbs. He winced as he recalled that that was the last question Tony had asked him.

'We work damn hard,' he told her grimly. 'We have to prove that that bastard Sharlon is lying and find out exactly what led to the shootings.'

'And we pray that Tony's memory returns, yes?' added Ziva.

'Prayers are for when you run out of all other options,' Gibbs told her. 'Tony needs us to be doing more than praying right now.'

'And you will tell Tony about this new development?' she asked. She did not envy Gibbs' position as team leader at any time, but particularly at times like this.

Gibbs squeezed the bridge of his nose before answering. Tony was taking the deaths of the two agents and his memory loss hard enough as it was. Gibbs did not want him to know he was being framed as a killer's accomplice unless it was absolutely necessary.

'When he's stronger and only if it's necessary,' he told Ziva. 'Let's get back to the office. Ring Abby and get her back from the hospital. Make sure McGee is at his desk. I'll call Ducky. We need to have a .. a . Damn it, we need to have a campfire meeting!'

Ziva smiled a little as she hurried to keep up with Gibbs, despite the seriousness of the situation and her concern for her partner's wellbeing.


	7. Chapter 7

UNTIL INNOCENT

**UNTIL INNOCENT**

**Chapter 7**

_This is a shorter chapter than usual – sorry. I needed a 'bridging' section between 6 and 8. Thank you so much for all your great feedback. Love, Zan._

Gibbs' campfire meeting didn't quite have the same feel as Anthony's, mused Ducky, but the basic idea was similar: get the team together to chew over what they knew so far, and throw up new ideas about the case. Except that Anthony's approach was more relaxed, and he actually listened more than he spoke. Gibbs tended to still bark instructions and demand answers. If it were a real campfire, Tony would give team-member a match and some marshmallows. Gibbs would want to keep control of all the matches, and the marshmallows.

Gibbs had begun the meeting by telling McGee, Abby, Ducky and Palmer that Sharlon had named Tony as his accomplice. This news had been received in contrasting manners. Ducky immediately branded it as a 'total nonsense' and 'an outrage'. McGee's face lost the little color that it had left. Palmer's mouth dropped open in amazement. Abby grew a little teary, probably because she had just come from the hospital where Tony still lay gravely injured and vulnerable. She asked no-one in particular why these terrible, terrible things kept happening to Tony. Gibbs gave them all a few minutes to react in their own individual ways before silencing them by slamming his clipboard down onto the desk.

'This is _not_ helping Dinozzo,' he growled. 'McGee. Phone records.'

'Ah, yes Boss,' he stammered. 'Sharlon made two calls from the prison within the last week. Same private number both times. I'm getting it traced. Silva made no calls. Neither received calls.'

'What about Dinozzo?' asked Gibbs.

'Gibbs!' exclaimed Abby, not believing what she was hearing.

'If it comes to a trial, Abby, I want evidence that's gonna clear him,' he told her.

'Ah, I'll check his records too, Boss,' said McGee. 'Sorry.'

Ignoring the blatant breaking of one of his rules, Gibbs asked about the phone records of the two dead agents.

'None from Carter. Maxwell made three calls, all to a P.C. outlet in his home town,' McGee told him.

'Ziva,' said Gibbs, turning his attention to her.

'Silva himself has terrorist links,' said Ziva. 'He is not in the same league as Sharlon, but he has driven cars for some who are. I can find no connection between him and Sharlon except that they were sharing the same cell. Carter had never left the United States, and his record is squeaking clean, as Tony would say. Maxwell has traveled extensively through the Middle East, both as part of his job and during his personal time. I am still waiting for further information about his activities from some of my contacts.'

'So Maxwell may not be as _**squeaky**_ clean as Carter,' mused McGee, correcting her use of the colloquial expression in a less obvious way that Tony would have.

'Make sure any dirt you happen to dig up about Maxwell sticks,' warned Ducky. 'It will be gone over by the FBI with a fine tooth comb. That is if they even care to consider looking at evidence that condemns a dead team member.'

'How did Sharlon reveal that Tony was his accomplice?' asked Palmer tentatively. He thought he had a 50/50 chance of being shouted at by Gibbs for asking a stupid question, but he was genuinely curious.

'He said that he got the weapon from a friend and that the friend was going to escape with him, except that the friend was now dead,' said Gibbs.

'But Tony's not dead,' said Palmer, puzzled.

'Yes, but Sharlon thinks that he is,' explained McGee. '_I _thought he definitely was,' he added with a visible shudder at the memory of it.

'But maybe he was referring to Maxwell or Carter,' persisted Palmer, going for broke.

'He described the friend as the one who whistled and talked far too much about movies,' Gibbs told him, fixing him a harsh stare. 'Sound familiar?'

'Oh,' said Palmer.

'Yes, quite,' added Ducky, hoping that his young assistant was not going to pursue his line of questioning any further.

'Who is the traitor?' asked Ziva suddenly. 'Sharlon said he would have escaped except for the death of his friend, and the traitor. Who is the traitor? And who did he betray?'

'Could be Silva, White the guard, Maxwell or Carter,' said Gibbs, his mind ticking. 'That leaves us two to interview and two to investigate further.'

'He could have betrayed Sharlon, or the cause Sharlon believes in,' said Ducky.

'Or the escape bid,' added McGee.

'But why name Tony as his accomplice?' asked Palmer, privately grateful that as an ME he would never have to go undercover with hardened criminals.

'There are two possibilities I can think of,' said Ziva. 'Sharlon realizes he has killed three federal agents and wants to divert attention from him by having us investigate whether one was traitorous. Or, Sharlon really did think Tony was his friend. Tony is formidably convincing when he is undercover. Perhaps he convinced Sharlon that he was a federal agent gone bad.'

Silence descended over the group as each of them thought about Ziva had said. Either possibility could be true. Sharlon was an evil, devious man who could turn allies against each other for his own gain. One of Tony's main strengths was his ability to 'live' his undercover identities. He may well have been able to fool Sharlon.

'We need solid proof,' said Gibbs, breaking the silence and standing up. 'Ziva, get onto your contacts again about Maxwell. McGee, look into phone records that go back a few months before Sharlon went to Quantico. Abby, Fornell's released Dinozzo's clothes. Look for anything on them that you wouldn't expect to be there. Ducky, you and Palmer look over the autopsy reports for Maxwell and Carter. Director Shepherd received copies earlier. Go!'

'What about you?' asked Ziva as the rest of the team scattered.

'I have an appointment with the bastard who's responsible for all this,' he told her as he pocketed his cell.


	8. Chapter 8

UNTIL INNOCENT

UNTIL INNOCENT

Chapter 8

Abby snapped on a pair of plastic gloves and set about undoing the evidence bags in front of her. At last she could apply her skills to something that would, hopefully, help Tony. Up to now she had felt pretty useless. She removed and spread out the orange prison issue clothes Tony had had to wear.

'Certainly not Armani,' she mused out aloud. 'But I'm sure you found a way to make 'em look good!'

She examined the uniform top first. Her initial inspection involved a combination of perusal by naked eye and then magnifying glass. There was some blood around the neck – evidence of Tony's sudden collision with the concrete floor. It had been cut from neck to waist by the EMT's who would have wanted it removed in a hurry. A fairly strong scent of cigarette smoke was evident on the clothes. Clearly, at least one of Tony's cell mates enjoyed a smoke – something Tony's lungs would not have appreciated. Putting aside the top, Abby began to unroll the trousers.

'Man, your legs are long!' she exclaimed as they covered the length of her bench. She immediately sobered, however, at the appalling sight of the enormous red stain on the trouser leg that had been hacked off at the thigh. As much as Abby had grown to be fascinated by the body and had even observed some of Ducky's work, this was _Tony's_ blood. Had he lost much more of it, and had McGee passed out instead of pushing down on the bullet wound with all of his might, Tony would have ended up on one of Ducky's tables. The thought of that made her sick to her stomach.

'Nicked the femoral artery, my dear,' said Ducky, gently, as he slid his arm through hers. 'A little to the left and it would have been a through-and-through. A little to the right would have been…disastrous.' Abby shut her eyes for a moment and then began to subject the uniform trousers to the same perusal she had given the top.

'How did you go with your bodies?' she asked Ducky.

'Well, not bodies as such,' said Ducky. 'Mr. Palmer and I went over the autopsy reports and extensive photographs of the deceased. Both men were killed by a single shot to the head, delivered at point blank range. Maxwell's was dead centre of his forehead. Carter's was slightly to the side. No defensive wounds on either of them.'

'McGee said it happened really fast,' said Abby as she began examining the trouser pockets.

'Yes, but Sharlon's first shot was at McGee,' said Ducky. 'You would have thought that Carter and Maxwell would have reacted in some way to that.'

'Thank goodness Super Tony did,' murmured Abby. 'Ducky, what do you make of this?'

Ducky looked closely at the inside of the trouser waistband. Drawn in what looked like blue ink was a circle. The circle was divided in half by a zig-zagging line. Next to the circle was a simple arrow.

'Curious,' remarked Ducky. 'Do you think Anthony drew this?'

'If he did, with the trousers still on him, the arrow would be pointing downwards,' remarked Abby, reaching for her camera. 'I'll snap a picture for Gibbs and run it through records of known symbols.'

Ducky took another look at the symbol once Abby had it up on the computer screen and rubbed his chin thoughtfully.

'You know, I think I may have seen this symbol before,' he mused.

…………………………………………………

Nurse Adams entered the guarded, private room and found herself unprofessionally disappointed that the patient was sleeping. As injured and uncomfortable as he must have been, Agent Tony Dinozzo had been totally charming and disarming. She, like the other nurses, was surprised that there had been no Mrs. Dinozzo constantly at his bedside. The only two female visitors had been a Goth who had left him a toy, stuffed hippo – an unlikely gift from a girlfriend -, and a sleek, beautiful, dangerous looking woman who had visited while Tony was asleep. She had stayed briefly and stated to the nurse on duty: 'I am satisfied to see that he is alive' before leaving. Hardly the behaviour of a devoted wife or lover.

The patient's drip had been removed now that he had begun eating and drinking for himself, and pain medication could be taken by mouth. The heart monitor remained connected. Nurse Adams quietly refilled the water glass and made sure it was within easy reach on Tony's left side. She noted that Tony was deeply asleep. The tell-tale flickering beneath his eyelids told her that he was dreaming. Nurse Adams hoped that he was having pleasant dreams after all the drama and danger of the previous days. Quietly she left the room.

…………………………………_._

_Tony can see Sharlon talking, but he can't hear what he is saying. Sharlon laughs out aloud. Sharlon lies back on the prison cot and crosses his legs at the ankles. His feet are bare. No shoes or belts are allowed in the cell. Tony suddenly feels surprised by something he sees. He makes a connection. Something is not how it should be. But before he figures out what it is, he's flying through the air. Sharlon is still laughing. Suddenly, everything goes black._

Tony opened his eyes with a startled gasp and finds himself staring at the hospital ceiling.

'S'okay,' he says out aloud in an effort to calm himself. 'It's coming back.'

He looked hopefully to the chair beside his bed, but Gibbs is not there. Tony felt a strong need to speak to Gibbs – to tell him that he has started to remember. What he doesn't plan to tell Gibbs is that starting to remember is filling him with dread.

……………………………………………..

Gibbs sat opposite the man who had almost killed either his computer expert or Number One Field Agent or both. He tried to not show the hostility he was feeling towards Sharlon, but it was difficult because Sharlon's whole demeanor was cocky self-assurance. Gibbs wished one of the guards had taken him out when they had the chance. It would have saved everyone – particularly Tony – a whole lot of unnecessary angst. Knowing that he had been granted limited time one-on-one with the terrorist, Gibbs cut to the chase.

'Why did you name one of the federal agents as your accomplice?' he asked, his voice cool.

Sharlon's smile revealed very white teeth.

'Oh, I did not name _one _of the federal agents as my accomplice,' he told Gibbs. 'I named _your_ federal agent as my accomplice.'

Gibbs did not allow the shock he felt to show outwardly.

'All three men who were working undercover as prisoners were federal agents,' he told Sharlon.

'Ah yes, Gibbs, but Tony was different from the other two. He could see the bigger picture. He played, how you say, 'the fool', but he wanted eternal salvation. He could see that joining the cause would give him more than he had ever dreamt of.'

Gibbs found it entirely plausible that the smooth-talking, intelligent and sometimes manic Dinozzo could make this man think he was sympathetic to his cause. There was, however, something that he could never, ever believe.

'And you claim that he provided you with the weapon you used to shoot him and the other two federal agents with?' he asked Sharlon.

'Yes, of course,' replied Sharlon, even more teeth on display as he smiled broadly.

'And he got it from where?' asked Gibbs.

'Gibbs, he was a federal agent. He did not tell me and I did not ask him. It is a shame that I had to shoot him with it,' said Sharlon, looking everything but remorseful.

'Yeah, on that,' challenged Gibbs, 'when you shot at the guard, why exactly do you think Tony sacrificed himself?'

'Who can say?' said Sharlon. 'Perhaps it was a last minute change of heart.'

'No. That agent had no change of heart. He would never have been on your side. If you thought he was your ally, it was because he wanted you to think that. There is no way he would have given you a weapon to kill with. You're lying. I'm just trying to figure out what your game is.'

Sharlon leaned back in his seat and put his hands behind his head, fingers interlaced.

'He was one of _your_ agents, wasn't he Agent Gibbs?' he goaded him. 'That is why you are so angry about what has happened. You are not angry that he is dead. You are angry that he did not stay loyal to you. Fornell is sad, but he has not been betrayed.'

Gibbs stood up sharply. For a brief moment, Fornell thought that Gibbs was going to attack Sharlon, but it didn't happen. Instead, Gibbs leaned forward and lowered his voice.

'There has been betrayal,' he told Sharlon, 'but I _know _my people and where their loyalties lay. We'll soon see who has been betrayed.'

With that, Gibbs left the room and strode out of the building before Fornell or anyone else could approach him. He hadn't struck Sharlon, but he didn't trust his self-control if anyone else happened to tell him that Tony had aided and abetted a cold blooded killer. As he approached his car, his cell rang.

'Gibbs.'

'Ah, Agent Gibbs, this is Nurse Patricia Adams at Bethesda-'

'What's wrong with Agent Dinozzo?'

'No, nothing sir. He asked me to contact you. He would like to see you as soon as you are able to visit again.'

'On my way,' said Gibbs.

'His doctor also asked me to tell you that Tony..Agent Dinozzo is recovering well. It's possible that he can be discharged earlier than he initially thought.'

'Okay,' said Gibbs, and hung up.

'Agent Gibbs? Oh, I think we've been disconnected,' she told Tony as she put the phone down. Tony smiled.

'Nah, that's just Gibbs. He's not really big on phone etiquette. Thanks for making the call.'

'That's okay,' she replied. 'It's really good to see that you're doing better.'

Tony was sitting up in the bed. He actually felt more human than he had since the incident. The throbbing in his head had reduced itself to a dull ache. His ribs were not quite so tender, and the pain in his leg was being kept at bay with pain killers that did not spin him out. He knew he'd feel even better if he could just get the hell out of the damn hospital. But he did not communicate the latter sentiment to the nurse. Instead, he rewarded her with one of his winning smiles before embarking on a little harmless flirting to take his mind off the reason he wanted to see Gibbs.

Gibbs, for his part, drove to the hospital with his mouth set in a grim line. Sharlon was sticking to his story of Dinozzo giving him the gun. Dinozzo could not remember anything about what went down in the prison. While it was good that Dinozzo was recovering, that would mean that Fornell would soon be free to interrogate him. Dinozzo himself had no idea that a known killer-terrorist had named him as an ally. Dinozzo must have a good reason to have Gibbs summoned to the hospital, and it had better be good, mused Gibbs, because he was going to have to fill in some details for Tony, and Tony was not going to take those details well.


	9. Chapter 9

UNTIL INNOCENT

UNTIL INNOCENT

_Sorry about the long wait between chapters. I've been back at work this week. How lovely it would be to write for a living! Sigh. Hope you enjoy it. Zan_

Chapter 9

For the first thirty seconds, Gibbs put it down to Dinozzo processing what he had been told. After a full minute, he wondered if all the meds Dinozzo had in his system were affecting his responses. After two minutes, he was starting to get concerned.

When Gibbs had arrived at the hospital, Dinozzo had been eager to tell him that he had remembered a little of what had happened. Gibbs had kept his disappointment to himself when Dinozzo revealed the smallest of glimpses of what had happened – something about feeling that he had seen something that was out of place, and then flying through the air. Gibbs had simply nodded encouragingly before breaking the news to Tony that Sharlon had named him as a willing accomplice in an escape bid. There was no point sugar-coating it. He simply told him the naked facts. Gibbs had expected an incredulous look and maybe even some swearing given that Tony was looking a lot better. Tony had simply listened and then sat silently, looking at nothing. Gibbs had not expected that, and when it had gone on for over two minutes, he admitted to himself that he was concerned.

'Dinozzo,' he said. When there was no response from the younger man, he raised his voice slightly.

'Tony!'

Tony looked at Gibbs and sighed inwardly. How could he tell Gibbs that something like this was what he had been dreading all along? His father's prediction was finally going to come true. His career was over and he was about to get a one way ticket to the gutter. His old man might even be motivated enough to come to his sentencing.

'When's Fornell coming to take me into custody?' he asked, his voice resonating with resignation. Gibbs wanted to give Tony a series of head slaps and lecture him into next week about having more self-belief, but he doubted it was the right time for that. Tony was in a dark place already. Gibbs didn't want him crawling into a corner of it. Instead, Gibbs rolled his eyes in an exaggerated fashion.

'Yeah, right,' he scoffed. 'Fornell's gonna lock you up on the word of a known terrorist with no other evidence to back it up. I can see his director and your director really going for that.'

'Have they _got _any evidence?' asked Tony, his eyes looking a little more hopeful at Gibb's tone. Perhaps Gibbs could buy him some more time outside of a cell.

Gibbs stood up, placed his hands either side of Dinozzo, and leaned right into his personal space. His blue eyes bored into Tony's green ones.

'They do **not** have any evidence that you were the bastard's accomplice, because there **IS** no evidence that you were his accomplice. You might have conned Sharlon into believing you were sympathetic, but that would have been as far as you would have gone. You got that?'

Tony could feel Gibbs's breath on his face and could easily identify the brand of coffee he had been drinking. He could also see very clearly that Gibbs was going to blow a gasket if Dinozzo expressed any of his fears about where all of this was heading. So he swallowed and nodded his head. Satisfied for the time being, Gibbs sat back down again. He might have said more but the doctor suddenly entered the room.

'Ah, Agent Gibbs,' he said in greeting. 'You received the news about Tony's improved condition?'

'Yep,' was Gibbs' curt response.

'No more headache or blurred vision?' he asked Tony as he shone his penlight into his eyes. Tony shook his head slightly and Gibbs waited for the predictable whine about being released as soon as possible. It never came. Things were worse than he thought. He might have to head slap him after all – once the doctor had left, of course.

'I'm happy to release you tomorrow morning,' said the doctor, 'but there will be some conditions. You'll need someone to stay with you – someone who'll make sure you take your meds and rest. Avoid stairs. You'll get a home visit to have your leg wound checked. I don't advise that you put very much weight on that leg. Ordinarily I'd recommend crutches, but your broken wrist is going to make them tricky to use. We have wheelchairs patients can borrow.'

'Don't need a wheelchair,' grumbled Tony. He risked a glare at Gibbs, daring him to make him have one.

'Give him the crutches,' said Gibbs. 'I'll personally guarantee that he won't be moving around to go anywhere except the head.'

'Okay then,' said the doctor as he put his signature at the bottom of the chart. 'We'll discharge you in the morning. I hope we won't be seeing you sooner than in six weeks time when we'll need to remove your cast, although I doubt the nurses will share that sentiment.'

The doctor left, but before Gibbs could say anything further to Tony, his cell phone rang. Seeing on the call display that it was the director, Gibbs left the room to take the call, leaving an obviously despondent Tony to contemplate his fate.

'Gibbs.'

'Jethro, Fornell wants to interview Tony as soon as he's discharged,' Jenny told him.

'And you're gonna let him?' asked Gibbs, incredulously.

'Jethro, I have no choice. The hospital says he's doing much better. We don't have any more excuses,' she reasoned.

'What about the tiny matter of amnesia?' demanded Gibbs, his tone sarcastic.

'The interview will be tomorrow at FBI headquarters. I will be present. You will be free to observe. We can't risk looking as though we are protecting Tony by refusing to have him spoken to,' said Jenny, her tone unequivocal.

'Fine.' Gibbs terminated the conversation more abruptly than usual. He took a deep breath before going back into Tony's room.

'Right after you're discharged tomorrow morning, I'm taking you to Fornell. For an interview only. You just answer the questions and tell him what you know,' said Gibbs, his tone neutral as though it was no big deal. Like it was the most natural thing in the world. Like Tony had nothing to be concerned about. Like it didn't totally piss Gibbs off that one of agents was going to be subjected to cross-examination by someone who had decided he was guilty of treason.

Tony nodded in that same resigned manner that chilled Gibbs to the core, but before either of them could comment further, Gibbs was nearly bowled over by whirlwind Abby who burst into the room with an armful of gifts. Gibbs stood and watched for a while as Abby worked her magic on Tony before quietly slipping out. He was confident that Abby would stay long after visiting hours ended and keep Tony's mind from things he'd rather not contemplate.

……………………………………………………….

Jenny Shepherd was already in the FBI interview room with Fornell when Gibbs arrived with Dinozzo. If Dinozzo was surprised she was there, he didn't show it. He acknowledged her with a short nod in her direction. She had resisted the strong urge she had to get up and assist, but she was mindful of male pride and Gibbs' fierce protectiveness when it came to Dinozzo. Tony's face was ashen and his eyes spoke of weariness and a sleepless night. He was clearly having difficulty managing the crutches with his broken wrist and so had to rely on Gibbs to help maneuver him into the room and into the chair. Once seated, Tony brought his uninjured arm protectively across his ribs which were still tender. Gibbs left the crutches where Tony could reach them before glaring at Fornell. Jenny looked at Fornell to see his reaction but still saw Gibbs briefly grip Tony's shoulder out of the corner of her eye. And then Gibbs was gone, leaving the three of them alone.

Jenny listened while Fornell asked Dinozzo the same questions he had asked at the hospital. Dinozzo gave the same answers. When Fornell pressed him regarding his ability to remember anything, she watched the discomfort in Tony's eyes. He clearly hated being in this situation, and the crux of it would be because he would feel as though he was failing Gibbs in some way.

'Sharlon has named you as his accomplice,' continued Fornell. 'He's adamant that you supplied him with the weapon that killed two good men. What do you say to that?'

Tony shook his head.

'I'm sorry,' he told Fornell, his voice softer than Jenny had ever heard it.

'Sorry they're dead or sorry that you and Sharlon didn't escape as planned?' said Fornell, his eyes hard.

'Sorry they're dead and sorry I can't remember,' said Tony, his voice barely a whisper. He was really still so tired. The trip from the hospital had worn him out more than he had realized.

'Amnesia can be a really convenient thing given the circumstances,' pressed Fornell. 'But I really want to know why you suddenly had a change of heart. Was it because Sharlon took aim at your buddy first? Maybe that was part of the plan he hadn't told you about.'

'That's enough!' announced Jenny, her voice so forceful and sudden that it made Tony sit up straighter, a move he instantly regretted.

'This 'interview' is over,' she said to Fornell. 'You have no 'evidence' except the word of a known killer and the fact that my agent has amazingly quick reflexes. He has an amnesia caused by significant trauma to his head, an occurrence that you would have witnessed on the video footage. And speaking of the video footage, I want all the footage you have, unlimited access to Sharlon, and anything else you have. I want more than the pathetic trickle of evidence we have received so far.'

'With respect, Director Shepherd,' said Fornell, clearly annoyed. 'Two of my agents are dead and your agent holds the key to what happened.'

'With respect, Agent Fornell, I will not allow you to badger my agent with questions he cannot answer. You have no solid proof of what Sharlon is claiming,' countered Jenny.

'I want him kept in custody,' persisted Fornell. 'In the hospital under FBI guard if you prefer that to a cell.'

Jenny stood up and regarded Fornell with a look that Gibbs was glad he had never been on the receiving end of.

'Agent Dinozzo will be released into the protective custody of a senior NCIS agent,' she told him. 'Believing him to be a flight risk in his current state is laughable, and his doctor has released him on the condition that he has someone with him. A cell or guarded hospital room is out of the question. I will NOT have him treated like a criminal. Now let's get the paperwork over and done with so that Agent Dinozzo can go home.'

Gibbs could not help the satisfied grin that crept across his face as he watched proceedings from the observation room. He doubted Fornell knew what had hit him. Fornell pushed the clipboard towards Tony for him to sign, but Jenny intercepted it, shaking her head and telling Fornell how insensitive it was to expect someone with a broken hand to sign something. After she had signed on Tony's behalf, Fornell practically snatched the paperwork from off the desk and stormed out, passing Gibbs as he entered the room.

Tony, reflected Gibbs, looked like a living definition of the term 'gob-smacked'. His agent still looked like hell, but he looked absolutely dumbfounded by what had just happened.

'Impressive,' Gibbs told Jenny. 'Can I get you to sort out the tax department for me?'

'Let that serve as a warning for you next time you think about barging into my office,' Jenny told him with mock seriousness. She and Gibbs both turned their attention to Tony who had still not uttered a word.

'How are you feeling?' Jenny asked.

'Frankly…..shocked,' Tony told her, finally finding his voice. 'Thanks for calling Fornell off. He was kind of going for the jugular.'

'Well, I'm going to make sure that Abby and the rest of the team get all the evidence they've been holding back,' Jenny told him as she stood up. 'It may not even matter if you don't get your memory back. We'll find something that proves that Sharlon is lying.'

Tony nodded, his eyes humbled by the director's faith in him. Believing you didn't deserve other people's absolute confidence was a very hard lesson to unlearn.

'Come on Dinozzo. You're with me,' said Gibbs as he passed him the crutches.

'Where to?' Tony asked as he positioned them under his arms.

'My place,' replied Gibbs, enjoying the way Dinozzo's mouth dropped open in surprise.

'I'm placing you into Gibbs' protective custody,' Jenny told him, her eyes twinkling as she watched Gibbs help Tony to stand.

'And I'd better not get any crap from you or you'll be taking up Fornell's offer of the cell,' Gibbs told him gruffly.

Jenny held the door open for the pair and barely contained a chuckle. She'd love to be a fly on the wall at Gibbs's house while he 'looked after' Dinozzo, but she had far more serous business to attend to. She had a team to mobilize and a good man's name to clear.


	10. Chapter 10

UNTIL INNOCENT

**UNTIL INNOCENT**

_When you send a personal message to someone on this site, does it get sent to them in the form of an email? Just wondering. I'm the most computer literate person in the world!_

_Hope you enjoy Chapter 10. Thank you for the kind reviews. Zan._

**CHAPTER 10**

Tony turned his attention from the television screen to Gibbs' kitchen. He could see his boss standing at the stove stirring something that smelt quite delicious. Gibbs was wielding a spoon in one hand and his cell in the other. Tony couldn't quite make out what Gibbs was saying over 'A Few Good Men', but he could detect the 'non nonsense' tone that typified his manner on the phone. Under other circumstances, mused Tony, it would be great sitting in Gibbs' lounge room, his legs extended across the coffee table, anticipating sharing a meal and listening to Gibbs' succinct but interesting views on the ways of the world. But Tony knew full well that the team was scrambling desperately to clear his name of something he wasn't sure he was innocent of. And the physical discomfort he was feeling in his leg and torso was a less than subtle reminder of why he was here.

'You can't handle the truth!' Jack was saying to Tom. And maybe that was the crux of it, pondered Tony. Maybe the reason why he couldn't remember what had happened between him and Sharlon was because he couldn't handle it. Fornell wasn't stupid. He thought Tony was a traitor. Maybe he was right.

Suddenly Gibbs was at Tony's elbow with a tray, a cushion and a spoon.

'I'm not hungry,' Tony told him, wondering why he even bothered to say those words the moment they left his lips.

'I don't care,' replied Gibbs as he placed the cushion and tray onto Tony's lap and handed him the spoon and two tablets. 'You have to eat. You also need to take these meds with food.' He disappeared into the kitchen again and returned with two bowls of thick stew. He placed one bowl on the tray and one on the table for himself before sitting down next to Tony.

'Bit tricky to eat with my left hand,' Tony said lamely, in a last ditch effort.

'Learn quick or I'll be spoon-feeding you,' Gibbs told him plainly. And Tony knew he meant it. They ate in companionable silence while the movie continued. Gibbs wondered if the movie had been the best choice but Tony had shown some interest when he had seen it on Gibbs' shelf.

The younger agent had been very quiet on the way to Gibbs' place, and Gibbs had been too lost in his own thoughts to initiate any conversation. He had left Tony in the car for a few moments while he set up some pillows on the coffee table and at one end of the couch. He didn't think it was good idea to put Tony in the upstairs spare bedroom. The stairs would have been problematic, and Tony didn't need time on his own to mull over things any more than he already had. They had made it in from the car without much trouble. After the first 'sorry boss' when Tony had leaned heavily on him as he tried to get out of the car, and Gibbs had told him sternly that his apologies rule applied in the home as well as at work, things had proceeded without incident.

'This is really good,' Tony told him, breaking Gibbs out of his reverie.

'My dad always made it when it was just the two of us for dinner,' said Gibbs. 'My mom was a stickler for a tablecloth, knives forks and napkins. Whenever she was out, Dad and I used to take a couple of bowls of this and sit out in the yard.'

Tony really didn't know what to say to that disclosure. Somehow 'my father never cooked anything for himself or me in his whole life and we rarely ate together' didn't seem appropriate. Instead, he nodded and continued to eat. It was true. There were times he really couldn't handle the truth.

…………………………….

'This is so like Christmas!' squealed Abby enthusiastically as Jenny placed the evidence bags on her desk. The goth immediately sobered when she realized what she had just said.

'No, that's so not right. Tony's injured, McGee nearly got killed, Gibbs is really mad and a killer's trying to frame Tony. I just mean, it's really, really good to have some more stuff to work with!'

'I know what you meant, Abby,' said Jenny. 'I want you to watch the video footage from the prison with Ziva and McGee. They'll be joining you shortly. I'm going to go over the witness statements from White and Silva with a fine tooth comb. Have you got anything from Tony's clothes?'

'Just this,' Abby told her, indicating the screen. 'It was drawn on the inside of the waistband of Tony's uniform trousers. We found a match to a symbol used by a subdivision of a terrorist group in the middle east, but it doesn't have the small arrow next to it.'

Jenny looked closely at the screen and shook her head. The symbol was one she was unfamiliar with.

'Where's Gibbs?' asked Abby as she began to open one of the evidence bags.

'He's taken Tony to his house,' Jenny told her. 'The hospital has released Tony on the condition that he isn't living alone, and the FBI wanted him in custody. This arrangement kind of works for everyone.'

'Gibbs is looking after Tony?' said Abby, barely able to contain her delight. 'Director, that is _SO _sweet!'

Jenny disguised her amusement by turning to walk towards the lift.

'Get started on the video as soon as McGee and Ziva arrive,' she told Abby, 'and keep me informed.'

………………………………………..

'Gibbs,' he whispered as he answered the cell, not wanting to wake Tony. The younger man had begun yawning soon after the meal and Gibbs had ordered him to stretch out on the long couch. Gibbs had waited until Tony was asleep before covering him with a blanket and switching off the television. Since then he had sat in the darkening room thinking over aspects of the case.

'Am I disturbing you?' asked Ziva, her tone uncertain. Gibbs had told her to report anything of note to him immediately, but a whispering Gibbs unnerved her.

'What have you found?' asked Gibbs. He had moved into the kitchen and could speak normally.

'I spoke again to my contact,' said Ziva. 'He recognized the picture of Agent Maxwell that I sent. He says that he and Sharlon have had at least one meeting before this undercover operation.'

'When?' asked Gibbs.

'A year ago,' said Ziva. 'In Saudi Arabia.'

'Get him here,' said Gibbs, At last they had a break.

'Gibbs, I cannot. He is on a long term undercover assignment himself. He cannot risk identifying himself or traveling from his present location. He gave me this information only as a returned favour.'

'Well, what good is that?' demanded Gibbs, his frustration and fatigue showing.

'It is at least a reason for us to investigate Agent Maxwell further,' said Ziva in a slightly wounded tone. 'You asked me to dig deep and I left no rock unturned.'

'Stone,' said Gibbs, voicing what Tony would have told her had he not been asleep on the couch. 'Okay, tell McGee. Keep me posted.'

As he was about to pocket the cell, Gibbs heard some movement from the other room. He looked in to see Tony moving restlessly in his sleep. He switched his phone to 'vibrate', made himself a strong coffee and settled down to his computer. He hoped that Abby or Jenny had sent him some results. There was no way he was going to leave Dinozzo on his own, but he itched to make some progress with the case. He was going to have to work from home.

_Tony could feel the danger. The air was thick with it. This time he could see the killer's face. He knew every part of this face, but particularly the eyes. He saw the eyes every day. He could see mouths laughing, but the laughter was being ripped away by the wind. _

_And then – suddenly – there was no more laughter. There was a splash. There was a perfect, deadly circle. And there was finger pointing at him. It was an accusing finger that continued to point at him but he could not draw his eyes away from the perfect circle. He could smell the blood. He was covered in blood. And then his eyes traveled downwards from the circle to the face of the dead – _

As Tony came brutally back to consciousness, he found himself sitting bolt upright. Something was pressing lightly across his shoulders. There was very little light. A voice was telling him that it was okay and that he was safe. He gradually realized that the harsh noise he could hear was his own panicked breathing. With considerable effort, Tony willed himself to calm down. _Just memories coming back to me_ he told himself.

'You with me, Tony?' Gibbs was asking him, his voice sounding slightly concerned. Maybe he'd been asking him that question a few times, Tony thought. He nodded and then felt Gibbs easing him back down against the pillows. It was then that Tony could see his Boss's face in the darkness. He looked worried.

'You remember?' Gibbs asked softly, not wanting to re-spark the panic he had just witnessed.

'Like it was yesterday,' whispered Tony, his mouth dry.

'And?' prompted Gibbs when the younger man didn't continue. He so wanted to be able to march into Fornell's office and tell him where he could stick his accusations.

'I. I.felt her blood on my face,' Tony managed.

As it dawned on Gibbs that Tony's nightmare had been about their fallen friend and not of Quantico, he carefully shelved his disappointment and placed his hand on Tony's shoulder, squeezing gently.

'Yeah, it still gets to me too, Dinozzo,' he admitted quietly. And if Tony's nightmares were anything like Gibbs', he wouldn't be in the mood for more sleep any time soon.

'I'll make some hot chocolate,' he told Tony as he let go of his shoulder and stood up. 'But don't go telling Abby. She'll think I've gone soft.'

'I'm sorry I can't remember Quantico Boss,' said Tony as he watched Gibbs switch on the lamp and move toward the kitchen.

'Hell, Dinozzo,' said Gibbs. 'By the time the team's finished with all the stuff the director's made the FBI hand over, it won't matter if you can't even remember your own name. Just concentrate on getting better. I don't want you cluttering up my loungeroom forever.'

As Tony listened to the sounds of the kettle and chinking of mugs, he hoped his Boss was right.


	11. Chapter 11

UNTIL INNOCENT

UNTIL INNOCENT

Chapter 11

It was nearing midnight, but three pairs of eyes continued to scrutinize the video footage on the screen in front of them. They had seen what seemed like endless hours of men walking down corridors, playing cards in the recreation area, and doing slow laps of the exercise yard. McGee had wondered if Abby was going to go straight to the footage of 'the incident', but had found himself oddly relieved that they were going to review everything that dated from when the undercover op had begun. Despite the poor quality of the tapes and the fact that the prisoners all wore the same uniform, it was easy to identify the three agents. Maxwell had distinctive, jet-black hair, and Carter's hairline was well-receded for a man in his early thirties. And Tony, of course, was easily recognizable by his lanky form and confident swagger.

Ziva had watched Maxwell particularly closely whenever he came into view. He seemed to talk a great deal to Sharlon, but then so did Tony. But while Tony seemed to spend a lot of time talking to each of the men he shared a cell with, Maxwell spoke very little to Carter. Perhaps it was a ruse to avoid suspicion, or perhaps there was a more sinister reason.

Abby kept her sharp eyes peeled and her system full of Caffpow, but at the same time she privately marveled at how convincing Tony was as an imprisoned criminal. She wondered if all the time he spent watching Hollywood classics wasn't really preparation for undercover roles he might have to play in the future. McGee, on the other hand, looked like the most up-tight prison guard that had ever lived. To save her friend's feelings, however, Abby kept that observation to herself.

'We're coming up to the time of the shootings,' she told Ziva and McGee as she noted the reference point indicated on the paperwork that arrived with the tape. Ziva's eyes narrowed as she saw the group of 'prisoners' walk down the path accompanied by McGee and White. She tried to gauge the expression on her partner's face. Tony's manner was nonchalant.

'Tony does not seem concerned,' Ziva stated out aloud.

'He was cracking jokes,' said McGee, his face serious.

They continued to watch as the exercise yard gate was opened. McGee felt the bile rise in his throat as the sequence of events he had experienced unfolded in front of their eyes. Suddenly Sharlon had a gun, but almost at the same time, Tony seemed to take off from where he was and knock McGee over. Abby gave an involuntary whimper as she saw Tony's body jerk as the bullet slammed into him. Sharlon appeared to pause before aiming his gun at the FBI agents. He dispatched them coldly and quickly. Then he was restrained by Silva and White. As the video continued, other guards began to stream in and rush to where Tony lay across McGee. Abby reached for McGee's hand beneath the workbench. and gave it a reassuring squeeze. It must have been tough for him to watch the footage.

'Go back to where Sharlon first produces the gun,' said Ziva, her voice betraying nothing of what she might be feeling, having just seen her partner shot,

'Must we?' asked McGee, his face very pale. Abby did as Ziva asked.

'Now pause,' said Ziva.

The three examined the scene closely.

'All I see is Tony already starting to launch himself at McGee,' said Abby. 'According to Gibbs, Fornell thinks Tony reacted so quickly because he knew Sharlon had a gun

'Yes, but do not look at Tony,' said Ziva, softly. 'Look at the others.'

Abby zoomed onto the faces of the other men. Carter's mouth was a definite round 'o' of surprise. Silva's face held no expression and nor did White's. Maxwell's expression, however, chilled McGee to the bone. The corners of his mouth were turned upwards into a smile.

………………………………

Gibbs walked out into his small courtyard to make the call. He knew that at least Abby would be still hard at work in the lab, even though the time was just past midnight. Tony had eventually fallen asleep and was currently sleeping peacefully. Gibbs did not want to risk waking him, or inadvertently triggering another nightmare.

'Abby – '

'Gibbs! You are SO psychic! I mean, I only just experienced the conscious thought that I should ring you, and you're ringing me! It's like a different version of when you suddenly appear in my lab when I have news to tell you!'

'What have you got Abby?' he asked, smiling despite his tiredness.

He listened intently while Abby described their observations so far. His eyes darkened when she told him about Maxwell's smile. Coupled with Ziva's contact's information, it suggested that Maxwell was perhaps not the fine, upstanding agent Fornell believed him to be. Of course they would have to be very sure of their facts before any allegations could be made. But Gibbs felt suddenly less anxious for Tony. Their investigation was going somewhere.

'That's good work, Abby,' he told her. 'Now go home, and tell McGee and Ziva to go home as well. You'll need fresh eyes and minds tomorrow.'

'How's Tony?' asked Abby, her tone changing. 'I hope you're being kind.'

'I'm making sure he stays off his damn leg, eats properly and takes his meds,' Gibbs told her in his gruffest of tones. But Abby wasn't fooled.

'It's really sweet that you're looking after him,' she said, sincerely. She had been worried by Tony's mood the last time she had visited him. His jokes had been forced and he'd been uncharacteristically gloomy. Even the plague hadn't knocked his sense of humour out of him the way recent events had. It was like he'd given up hope.

'He does a lot of whining about taking medicine,' Gibbs told her. 'In that respect, he's even worse than my second wife.'

'But is he okay?' asked Abby. 'I can come over if…'

'He's fine,' Gibbs told her, his tone softening a little. 'I'm gonna come into the office tomorrow sometime to take a look at what you've found.'

'If you get the remote access codes, I can send you what we've found and then we could have an online discussion. Maybe you've got Skype. And that way you don't have to leave your house. Gibbs? Gibbs? Have you hung up on me? Gibbs!'

………………………………………………….

'What have we got?' demanded Gibbs before he'd barely left the elevator.

'And a very good morning to you too!' Abby sang out from where she was perched on the edge of Tony's desk. She, like the others, had received a blunt message from Gibbs to be in the bullpen by 10.00am sharp.

'Abby. Video,' was the most response she got from him.

'Okay,' she said, turning to the large screen. 'Here we have, in freeze-frame, Super Tony launching himself at McGee. And here we have an enlarged close-up of the inappropriately smiling Maxwell. Ziva noticed it. I can't take the credit.'

'Anything else from the footage?' he asked after nodding slightly at Ziva.

'Okay, here's something I found this morning,' said Abby. 'Take a look at this.'

They all watched the footage in real time where Sharlon shoots at McGee, pauses, then turns the gun on Carter and Maxwell.

'Don't you see?' asked Abby, her eyes sparkling.

'No,' admitted McGee, his face puzzled. Ziva and Gibbs were intrigued.

'Watch it again,' Abby urged them, 'but don't look at Sharlon and don't look at Tony or McGee.'

Again she ran the same piece of footage and this time the penny dropped.

'Tony reacts quickly, but no-one else reacts at all,' said Gibbs.

'White just stands there and watches from the moment Sharlon produces the weapon,' remarked Ziva. 'What kind of trained prison guard in a high security facility does that?'

'Carter and Maxwell don't move either,' said Abby, 'except when Sharlon turns the gun on them, and then it's only Carter who averts his face a little.

'Where's White now?' asked Gibbs, still looking at screen as the video footage of the aftermath continued.

'He is on leave,' stated Ziva. 'He is having some trauma counseling.'

'Well get him in,' Gibbs told her. 'Let's see if can't handle a little more trauma.'


	12. Chapter 12

UNTIL INNOCENT

UNTIL INNOCENT

CHAPTER 12

Tony finished watching the movie – the second one he'd seen that morning – before switching the television off in disgust. He could not be distracted from his thoughts. The more he tried to remember, the more anxious his thoughts became. And he'd also decided that he hated being so physically dependent upon his boss. He was sure he had seen Gibbs hovering. Gibbs so wasn't the hovering kind. Tony was not used to being hovered around. That morning Gibbs had provided him with bacon and eggs and it had slightly unnerved Tony that the bacon had already been cut up for him. Gibbs had assisted Tony getting to the bathroom and back by simply providing a strong arm for support as though that kind of thing was what he did every day. He'd even helped him get into some fresh clothes without a single comment about the pink tinge Tony had felt creep across his face. Had Gibbs begun to fluff up his pillows, Tony might have embarrassed himself even further by yelling: 'Who the hell ARE you and what have you done with my boss?!' Thankfully, it had not come to that. Gibbs had announced that he was going into the office for two hours and then given Tony the sternest of lectures about resting. And then he had left, leaving the TV remote and phone within Tony's easy reach.

Now, staring at the blank television screen, Tony thought it was ironic that he loved getting some attention from Gibbs, but now that he was getting heaps of it, it irked him. He felt like he was free-loading. Worse, in the back of his mind was the nagging thought that he had made a major mistake and that when Gibbs found out about it, he'd regret even making Tony a cup of coffee.

Tony looked across to the kitchen and saw the breakfast dishes on the sink. At least he could put them in the dishwasher and clean up a bit for Gibbs. Moving around a little was supposed to be good for the circulation, after all. He struggled to stand, cursing again the combined pain in his leg and wrist. Once he reached the sink, he propped himself against it. Opening the dishwasher required him to bend down further than he had anticipated, however, and he had to make a grab for the sink edge to save himself from falling.

'Crap!' he swore out aloud. This was going to be a lot more complicated than he had thought.

……………………………………….

When Gibbs looked up from his desk, he thought he saw Dinozzo hobbling out of the lift. But that couldn't be true because he had given Dinozzo strict orders to stay on the couch resting, and Dinozzo may be many things, but he surely was not so stupid as to disobey a direct order from Gibbs. A second look, however, and the surprised greetings from Ziva and McGee confirmed that his eyes had not been playing tricks on him. It _was _Dinozzo. He was unshaven and dressed in the same t-shirt and sweat pants he'd helped Tony into that morning. Except that now there was fresh blood on one leg of those sweat pants, and Dinozzo was wearing the mask that both worried and angered Gibbs the most: the 'everything is fine and dandy' mask when everything was clearly not. Tony pretended not to fall into the chair closest to the lift and gave it a spin.

'Tony,' said McGee as he tentatively approached him. He was slightly shocked by his disheveled appearance and the thunderous look on Gibbs' face. 'What are you doing here?'

'I work here. Remember?' returned Tony, his trademark grin in place. 'I at least remember _**that**_. Even remembered how to get here. Impressed?'

Ziva also approached and cast a narrow-eyed look at his bloodied pants.

'You are injured,' she commented. Tony gasped in mock horror.

'No! Really? Gee, and here I am thinking the crutches were just for show.'

'How did you get here?' demanded Gibbs who was suddenly in his face.

'Taxi,' admitted Tony. 'Too tricky to drive myself.'

'So you just decided to get off the couch and have yourself driven to work,' stated Gibbs.

'Well, I tried a little housework first,' said Tony. 'Bit harder than I thought it would be. Had a little mishap in the kitchen. Safer being a federal agent than a housewife if you ask me.'

'Safer to shut up at this point!' boomed Gibbs, feeling his blood pressure rise. 'I left you on my couch with explicit instructions to rest. I do not recall telling you to rip your stitches open playing house or risk a taxi ride into the office! You have serious injuries, Dinozzo AND you're a key witness in an active investigation! What were you thinking?!'

Tony blushed slightly but otherwise kept his emotions well hidden. He suddenly felt pathetic that he'd rather be at work with Gibbs yelling at him than at home with his own uncomfortable thoughts.

McGee felt awkward. He also found himself feeling really sorry for Tony, despite all the crap the more experienced agent often sent his way. At the same time McGee marveled at Tony's bravado while in Gibbs' firing line, he could also see that Tony was not really coping. He had only ever seen Tony so unkempt during undercover missions. Just being at the office in his current state rang alarm bells.

Ziva observed the scene but said nothing further. She could think of nothing to say that would make the situation better.

'My office!' barked Gibbs before marching off to the lift. 'And neither of you help him. If he's stupid enough to drag himself here, he can do it himself!'

Gibbs barely managed to control his patience as he watched Tony hobble into the lift. The blood stain was growing slightly, but that could wait. As soon as the lift doors closed and the lift began to move, Gibbs punched the stop button before turning on his agent.

'What the hell are you doing?' he demanded, pushing his way into Tony's personal space. Feeling the wall at his back, Tony had nowhere to go. That kind of felt like a metaphor for his whole life at the moment, he thought wryly.

'I've gotta help, Boss,' he said. He tried to keep his voice calm and casual. Gibbs didn't buy it.

'You,' Gibbs said, pressing his finger into Tony's chest for emphasis, 'are going back to my place with Ducky who will make damn sure you stay there.'

Tony shook his head and Gibbs thought he actually saw pleading in Tony's eyes.

'I _have _to help,' he implored his boss. 'Please. It's killing me doing nothing. I keep thinking of Maxwell and Carter and how I must have screwed up.'

Gibbs grabbed hold of Tony's shoulders and practically shook him, an action probably not advised by the medical staff who had released Tony into Gibbs' custody.

'For God's sake!' Gibbs yelled into Tony's face. 'Dinozzo, you have to stop this crap! You don't know that you screwed ANYTHING up!'

'But they're both dead, Gibbs,' Tony returned, feeling the all too familiar squirm in his gut.

'Would you have preferred it to be McGee?' demanded Gibbs. 'And you? Would you? Because I'm sure as hell happy we didn't have to bury either of you.'

Tony looked down as if he was contemplating Gibbs' words for a moment and then returned Gibbs's intense gaze. The thought of the team having to attend McGee's funeral made him feel sick to his stomach. He gave a slight shake of his head. He suddenly felt completely drained of energy and was having trouble keeping his feet. This was probably the longest time he'd stayed upright since the shooting.

Fortunately, Gibbs noticed the change in Tony and assisted the younger man's slide down the wall until he was sitting, his legs out straight in front of him. Gibbs crouched down and resumed eye contact. He wasn't big on conversation, but he needed to finish this one.

'Tony, I don't know yet why you did what you did, but I suspect I would have done the exact same thing. You saved a member of your team. If it was down to a choice, you made the best one.'

Tony ran his good hand over his eyes and pinched the bridge of his nose.

'You might not even have had _**time**_ to make a choice,' persisted Gibbs in a calmer, quieter tone. 'And, if that was the case, again, I'm sure you did the right thing.'

Tony heard Gibbs' words with his head and his heart. Gibbs was sure that he'd done the right thing. But what if he hadn't? What if he really did screw up? What if he could have saved the two agents as well as McGee but hadn't acted in time? Hearing Gibbs's faith in him made these possibilities even harder to think about. Tony felt hot tears begin to course down his face. He kept his hand over his eyes. This day was going from bad to worse.

Gibbs cupped the back of Tony's head with his hand. He drew Tony towards him a little so that their foreheads were lightly touching.

'Dinozzo,' said Gibbs. 'The team trusts you._** I**_ trust you. Stop beating yourself up.'

Gibbs waited until he felt Tony nod his head slightly. After giving Tony's hair a slight ruffle, Gibbs stood up and pressed the button for Autopsy.

'Let's get Ducky to see what damage you've done to yourself and then we'll see if we can get you set up in the bullpen. Just to observe. You'll probably be less trouble if you're where I can actually **see** you.'

'Thanks Boss,' Tony managed as he wiped his eyes with the back of his sleeve.

'And for the record,' continued Gibbs, 'I chewed you out and threatened to fire you. I don't want McGee thinking I've gone soft. I probably should have fired you for disobeying a direct order. And if you've broken any of my plates, it's coming out of your salary. Got it?'

'Got it,' said Tony as he inwardly wondered what he'd done to deserve having Gibbs come into his life.


	13. Chapter 13

UNTIL INNOCENT

UNTIL INNOCENT

CHAPTER 13

Following a stern lecture from Ducky about the importance of rest, followed by a long and tedious explanation of the history of stitching wounds, Tony was assisted back to his desk by McGee and Palmer. To say that Abby had gone into a frenzy when Gibbs had told her about Tony's arrival would be an understatement. She had channeled her energy and concern into making Tony comfortable. She had magicked three large bean bags, two pillows and a blanket from the dark recesses of her lab. Moving Tony's chair aside, she had concocted a chair/bed behind his desk. Gibbs had turned a blind eye for a full five minutes while she fussed over his senior field agent before calling the team back to the business at hand.

'What've you got Abs?' he demanded.

'Well, the gun Sharlon used was standard prison issue. Any of the guards or undercover agents would have had easy access to it. The gun had recently been fired three times.'

'And we know where the bullets ended up,' said McGee wryly. He cast a nervous look in Tony's direction but the man's eyes were closed.

'White's gun, however,' continued Abby, 'had not been recently fired, which is no surprise because he didn't even draw it. What did he have to say about that, Gibbs? Why did he just stand there while McGee and Tony were being shot at?'

'He's being escorted here,' Gibbs told her. He wondered whether he should subject White to an Abby onslaught. She just might extract information quicker than Ziva.

'Maxwell and his wife had been estranged for nearly one year,' said Ziva as Gibbs turned his attention to her. 'They began living separately one month after he came back from an overseas trip to the Middle East.'

'Want us to go speak to her?' asked McGee.

'Not yet,' Gibbs told him. 'I need to talk to Fornell before we start officially sniffing around Maxwell. A dodgy sighting and an estranged marriage isn't going to be enough for him to start questioning the integrity of one of his agents.'

'He was quick to question Tony's integrity on the word of a criminal,' said Ziva, her voice low and her eyes full of meaning.

'What about that symbol?' asked McGee. At this question, Abby made it appear on the screen, and they all turned to look at it.

Up to this point, Tony had kept his eyes shut, content to listen to the team talk. His body was still sore, but being where he was had soothed his mind a little. He found himself admiring their commitment to the case. He was there but not really there. It was like having an 'out of team' experience, he mused.

At the mention of a symbol, however, Tony's curiosity was piqued. He opened his eyes and immediately began to struggle to sit up.

'I drew that,' he blurted out. McGee jumped slightly. He had assumed that Tony had fallen asleep.

'Why?' asked Gibbs. His tone was neutral but his heart began to beat a little quicker.

'Boss, Sharlon has that tattoo,' Tony explained.

'He would,' said Ziva. 'It is the symbol of membership to an underground terrorist cell. Without the arrow, that is.'

'I didn't know what it represented,' said Tony, his eyes widening. 'I drew it because I'd seen it before. On Maxwell. It made no sense to me that an FBI agent and a terrorist had the same tattoo.'

'When did you see it on Maxwell?' asked Gibbs.

'Just before we went to the exercise yard,' said Tony. 'It was too late to get a message to McGee to check out what it meant. I made a drawing of it in case I forgot what it looked like.'

'What does the_ arrow_ mean?' asked Ziva.

'It means,' said Ducky as he approached the group, 'that the tattoo is on the ankle, doesn't it my dear boy. I knew I'd seen it before. I noted it on the photographs of Maxwell's body we were initially given.'

A shiver ran through Tony as other memories came flooding back. The glint of the weapon – McGee's face – being airborne – the thwack into his leg – sudden darkness.

'Dinozzo,' came Gibbs' voice through the fog.

'Yeah Boss?' he replied, hoping that Gibbs hadn't said his name more than once.

'Was it on his ankle?' asked Gibbs impatiently.

'Yeah. It was pretty small. Maxwell was on the top bunk reading when I saw it. I'd already seen it on Sharlon's ankle.'

Gibbs' phone rang at that point. After a short exchange, Gibbs stood up.

'Ziva, you're with me. White's in interrogation.'

As the pair neared the lift, Gibbs called back over his shoulder.

Dinozzo, good job.'

'Thanks Boss,' murmured Tony.

As the lift doors closed, Ziva turned to Gibbs.

'Do we have enough to start officially 'sniffing around' Maxwell now?' she asked, the corners of her mouth turning up slightly. Some expressions both bewildered and entertained her.

'Oh yeah,' returned Gibbs, feeling more confident than he had in days. 'When we've finished with White, you go visit Mrs. Maxwell with McGee. I'll go see Fornell.'

…………………………………………..

Taking full advantage of Gibbs' absence, Abby draped the blanket over Tony who protested that he was fine.

'Nonsense, Mister,' she told him. 'You need to stay warm, comfortable and resting or Gibbs will be sending you home with Ducky.'

'Quite right,' agreed Ducky, 'but I think we can safely get back to work now and leave Anthony in peace. Timothy is here if he needs anything.'

'Just don't start tucking me in, Probie,' said Tony, sending a warning look McGee's way.

McGee rolled his eyes slightly before nodding his assent to the waiting Abby. Satisfied, she left with Ducky leaving McGee and Tony alone.

When Tony remained silent, his eyes shut again, McGee turned to the comfort of his keyboard. After several minutes of tapping away, he turned to see Tony looking thoughtfully in his direction.

'What?' asked McGee, immediately on the defensive. Maybe Tony had stuck a sticky-note on his back, or something equally juvenile. Except that Tony wasn't exactly able-bodied at the moment, he thought. He flushed slightly with chagrin that he had assumed the worst about the man who had saved his life.

'Nothing,' returned Tony. 'Just thinking that it felt good to, you know, be back and helping on the case.'

'Oh,' said McGee awkwardly. 'I guess it would. Well, it's kinda nice to have you back. Well, not injured like you are, but out of hospital and back in a sense, even though you're not officially back at work yet.'

The corners of Tony's mouth went up in amusement. McGee was so deliciously inept. He often wondered how McGee had made it through NCIS training. He would have been eaten alive at Baltimore. He was glad McGee hadn't gone through that. He was too nice a guy.

'Do you need anything?' McGee asked when Tony went back to being silent. He was secretly terrified that Abby might discover he had not provided Tony with something he needed.

'I need to pee,' said Tony, fascinated by what McGee's reaction would be to that admission.

'Uh, uh, yeah well..' McGee stammered, looking nervously to the lift. Maybe Ducky would suddenly return.

'Just help me up, McGoop!' said Tony. 'You don't have to hold my hand, or anything else!

McGee blushed all over again as he rushed to help. Grabbing Tony's uninjured hand and hoisting him under the armpit, McGee managed to get him to stand before passing him his crutches. Despite Tony's assurances he was fine, McGee hovered near him all the way to the men's room and waited outside until he came out. There was no way McGee wanted to explain to Abby, or to Gibbs for that matter, that Tony had fallen and ripped more stitches. Tony had already received one ear-bashing from Gibbs that day.

After Tony was settled back on the bean-bags, McGee perched on the edge of the desk.

'Has your memory come back completely?' he asked Tony. The older agent ran his good hand through his hair.

'Not all of it, I don't think. Although it's hard to know, because that's kind of the point: I don't remember what I can't remember.'

'Do you remember saving my life?' asked McGee, his voice low and serious. He hoped Tony wouldn't make a joke about it.

Tony sighed. He could now clearly recall the fear of losing Mc Gee, the desperate lunge at him, the thwack into his leg, the body-on-body contact, the slam into the concrete.

'Nah,' he told McGee. 'Nothing about that, but I remember the tattoos clearly.'

'I saw it on the video footage,' continued McGee. 'You were pretty amazing. You can watch it too, if you want. Maybe it'll help you remember. It might trigger things that are still repressed.'

'I think I'll just take your word for it,' said Tony, brushing off the compliment and the offer. He was replaying his own internal footage of the incident. He hardly needed to see it on the screen. He really didn't need McGee calling him 'amazing' either!

'And now, if you're done with the therapy session, Mc Freud, I'm pretty hungry. I want my favourite pizza, and quickly. You wouldn't want me to ring Abby and tell her you're starving me, would you?'

Tony watched McGee scurry about organizing the delivery of the requested food before shutting his eyes. He wondered how the interview with White was going until he succumbed once again to his need for sleep.

……………………………………………………..

Before they entered the interrogation room, Gibbs and Ziva took a look at prison guard White through the glass. The stocky man was leaning back in the chair, his hands relaxed casually on the desk. They saw him gaze around the room and then glance at his watch. This was not the manner of a traumatized man, thought Ziva. This was a man who was comfortable and perhaps a little smug. Gibbs, who had observed something akin to PTSD up close and personal for the last few days, gave a short, disgusted snort before they entered the room.

'Terence White,' said Gibbs by way of greeting as he sat down.

'How can I help you?' White asked. 'I assume this is about the shootings.'

'The trauma counseling sessions seem to have been very effective, don't they Agent David?' said Gibbs, a slight edge of sarcasm evident in his voice.

'Remarkably,' agreed Ziva from where she stood against the wall. 'Almost as though there had been no trauma at all.'

'Hey, I watched two murders and one attempted murder happen right in front of me!' protested White.

'With the emphasis on _**watched**_,' returned Ziva. 'You did not draw your own weapon. You did not take cover to protect yourself. You did not move a muscle.'

'It happened so fast,' said White, gripping the edge of the desk.

'Ah, now look at that Gibbs!' said Ziva in a triumphant voice, pointing to White's white knuckles. 'Now_** that **_is trauma!'

'What do you want?' demanded White. Gibbs stood up and leaned menacingly towards the man.

'I want to know why you stood and did nothing while those men were being shot. I want to know why you failed to move, even while Sharlon was pausing after shooting Agent Dinozzo. I want you to give me a good reason why I shouldn't be arresting you as an accomplice to two murders and one attempted murder.'

White seemed to shrink under Gibbs' intense gaze but remained silent. Ziva strolled behind him and bent down so that she could speak directly into his ear.

'We have already spoken to Sharlon. He has told us everything. It will better for you to also reveal the truth.'

For a few moments, the silence in the room was deafening. Then, the sound of White swallowing and the nod of his head signaled that Ziva and Gibbs would be getting some answers.


	14. Chapter 14

UNTIL INNOCENT

UNTIL INNOCENT

CHAPTER 14

_A little shorter than the other chapters, but sometimes it just works out that way. The next one is longer. Thanks for your continued interest. Zan. x_

Tony awoke to the sound of something akin to bath water being sucked down a plughole. He tentatively opened his eyes a crack. Directly in his line of sight was a large, open book framed by black pigtails. Again he heard the noise that seemed to be coming from behind the book. Lifting his head a little to get a better look, he made the bean bag rustle. The book was immediately lowered to reveal Abby's bright face, her mouth still clamped around the straw leading into the massive CAFFPOW on her lap.

'Where's McGee?' he managed to ask, his mouth dry. He was going to have to stop taking the pain meds. It seemed that every time he woke up, he had to be brought up to speed.

'Well, good afternoon to you too,' retorted Abby. 'Hi Abby would have been a nicer greeting,' she continued, pretending to be stern.

'Hi Abby,' Tony conceded. 'Where is everyone?'

'Well,' said Abby, putting her book aside, 'Gibbs and Ziva came back up after talking to that shmuck White. Gibbs sent McGee and Ziva to interview Maxwell's wife. Gibbs called me up here to Tony-sit, and Gibbs has gone to see Fornell.'

The developments prior to his nap gradually flooded back into Tony's mind. At least the team had some solid leads to work now. He wondered how the conversation between Gibbs and Fornell was going. One thing was certain: it wouldn't be pretty. He turned his attention back to Abby.

'You don't have to stay here,' he told her. 'Haven't you got stacks to do?'

'And miss out on looking after my favourite Tony?' she exclaimed. 'No way! And besides, Gibbs was very specific about you not being left alone.'

Tony felt warmth flow through him at the idea that Gibbs was appointing people to look after him during his absence. He really had gone though much of his life, childhood included, with no-one to watch his six. Of course Gibbs would explain it by saying that he didn't trust Tony to not do something stupid, but Tony had seen Gibbs' real concern for him over the last couple of days. It was something he would always be grateful for- whatever happened. For the first time in a while he felt optimistic about how recent events would unfold.

Using his good hand as leverage, Tony moved himself into a more upright position. His ribs did not protest quite so much and his head ached only slightly.

'Feeling better?' asked Abby, returning his smile.

'Yeah, I think I am,' said Tony. 'Think it must have been the pizza. You should have seen McGee pleading with Mario's to get that thing here quickly. He even asked if there was the equivalent of priority post. It was quite pathetic.'

'You are _so_ mean,' Abby accused him, swatting his arm. But she couldn't resist laughing at the thought of a frantic McGee.

'He didn't think to order dessert, though,' continued Tony, enjoying himself. 'You'd think he could have been a little more thoughtful.'

Abby pointed at him meaningfully before reaching behind her to retrieve two double chocolate muffins. She presented them to him with an elaborate flourish.

'The pizza was a good start. One of those may well lead to a complete recovery,' said Tony, licking his lips.

As the pair tucked into the delicious dessert, their minds turned to the case.

'Why would an FBI agent get that tattoo?' said Abby out aloud. 'He should have known it would attract attention. And why didn't it attract attention until _**you**_ saw it?'

'Fornell's not gonna like hearing what Gibbs is gonna tell him,' remarked Tony. 'He's gonna insist Maxwell's innocent.'

'But you saw what you saw,' Abby continued. 'And Ducky confirmed seeing it on the photographs. Fornell can't deny evidence like that.'

'Did Gibbs tell you what White had to say?' asked Tony.

'To quote Gibbs,' said Abby, 'White is either a liar, stupid or both. He's been taken into custody. He confessed to taking a bribe for agreeing to let Sharlon escape.'

'And supplying the gun?' asked Tony.

'No, he claims he had nothing to do with that,' Abby told him. Passing Tony an uncapped bottle of water, she regarded him thoughtfully.

'The whole Maxwell thing aside, I just don't get why Sharlon named YOU as his accomplice,' she said. Tony sipped the water slowly before passing the bottle back.

'Neither do I,' he admitted. 'Just lucky I guess. Unless I suddenly remember doing a deal with him, I've got no idea.'

Abby frowned at Tony before cuddling up next to him.

'You so did NOT make any deal with Sharlon,' she told him as she gently curled her arm across his middle. 'Sharlon's what Ducky would refer to as a nasty piece of work. There's no way you'd deal with him, whether you were undercover or not.'

Tony draped his arm around Abby and allowed her to rest her head against his shoulder. Again he felt a rush of warmth at the knowledge that Abby had such vehement faith in him. She was a true friend.

'Thanks for coming to visit me in the hospital,' he said softly. 'I.. I was in a pretty dark place there for a while. Seeing you really helped.'

'Don't be silly,' said Abby as she flicked muffin crumbs off his sweatshirt. But she noted the utmost sincerity in his voice and was pleased she had made a difference. She and Gibbs both knew that Tony never received visits from his biological family while in hospital.

'It's true Abs,' Tony continued. 'I owe you.'

Abby sat up a little so that she could look him in the eye. He noticed that her eyes were gleaming and he was instantly on the alert.

'Tell me about Gibbs looking after you at his house,' she said suddenly.

'What? Why?' asked Tony, confused by the sudden change of topic.

'Because it's so, so un Gibbs-like to be playing nurse!' she blurted. 'Does he have a separate set of rules for the house, or do the usual rules still apply? Were you exempt because you were injured? Did he have an alternative for the head-slaps given you had a concussion?'

Tony shook his head but couldn't help grinning at Abby's curiosity. Gibbs really was something of an enigma. He could understand the team being curious, but he was also reluctant to give too many details. It kind of felt wrong to do that.

'Oh, the rules still apply,' he told her. 'Meals are regular and lights are out at a respectable hour. I don't really think I did anything to deserve a head-slap.'

'Oh, come on Tony!' she urged him. 'Give me _something_! Did he make you hot chocolate and cookies? That would be so sweet if he did.'

Tony thought about the way Gibbs had fussed over him without making it too obvious, and how he had sat up with him with a hot chocolate after the nightmare.

'Okay, he _did_ make a hot chocolate for me one time. But he wasn't over-the-top, and I'm kinda glad. If he'd been too Florence Nightingale, I would have been wondering where the real Gibbs was.'

'Tony!' Abby suddenly exclaimed as she sat bolt upright. 'That's it!'

'That's what?' asked Tony, totally bewildered by her response.

'Don't you see?' she continued, her eyes sparkling. 'Fornell's convinced that Maxwell couldn't be a traitor, and Gibbs is convinced that he is. What if they're BOTH right?'

'I'm not following you,' said Tony, his mind spinning.

'I'm willing to bet ten CAFFPOWS,' said Abby as she reached for the phone, 'that the Maxwell that you met in that prison was not the **real** Maxwell!'


	15. Chapter 15

UNTIL INNOCENT

UNTIL INNOCENT

CHAPTER 15

_Hi there. One or two chapters are left after this one. Thank you for your continued interest. I've loved all of your reviews and personal messages. _

Gibbs sat waiting for Fornell. Ordinarily he would have been irritated and impatient at having to wait, but that afternoon he actually appreciated the time to mull over recent events. As his thoughts turned to Maxwell's wife, his cell phone rang. It was Ziva.

'Gibbs.'

'We are on our way back,' she told him. 'Our conversation with Mrs. Maxwell was quite revealing.'

'Give me a summary,' Gibbs told her. 'I'm waiting to talk to Fornell.'

'She spoke about her husband behaving strangely upon his return from his overseas trip,' said Ziva. 'She said that he was distant and reserved. He was no longer interested in attending family gatherings. They had planned that on his return they would start a family. After his arrival home, he made it clear that he was not interested in having children. It was her opinion that he may have begun an affair while they were apart. She is upset that he is dead, Gibbs, but she told us that she feels like her husband died a year ago. She could offer us no information about his recent movements.'

In his usually abrupt fashion, Gibbs terminated the connection and returned his cell to his jacket pocket just as Fornell arrived. The senior FBI agent sat in the chair directly opposite Gibbs.

'Let me guess,' began Fornell, his tone sarcastic. 'Dinozzo's off limits for the rest of his life?'

'No. We have evidence that suggests Maxwell was somehow linked to terrorist activity,' Gibbs told him plainly.

'Oh, come on!' protested Fornell, standing up. 'I'm not gonna sit here and listen to you slander the good name of one of my men!'

'Maxwell had a tattoo signifying membership of a terrorist cell that Sharlon is associated with', said Gibbs, pressing on regardless. 'His wife claims he had changed so much after a trip to the Middle East that she couldn't keep living with him. When Sharlon was shooting at McGee at Quantico, Maxwell had a smile on his claims that he did not supply Sharlon with the gun. That leaves Maxwell or Carter as the supplier of the weapon.'

'Maxwell was NOT a traitor!' hissed Fornell, standing over Gibbs. 'I'd swear on my mother's grave that he wasn't. Can you imagine if I was telling you that one of _your_ dead agents was crooked!'

'It would be tough,' admitted Gibbs.

'Tough!' exploded Fornell. 'They'd have had to sedate you by now! Especially if it was Dinozzo laying on a slab.'

'It would be tough whoever the agent was,' said Gibbs. 'But I'd be ready to consider the evidence.'

'Bullshit you would!' spat Fornell. 'You nearly had a fit because I dared to_ interview_ Dinozzo. I never thought you'd be so overprotective of an agent. He's obviously got some kind of hero worship thing going on. Maybe it's gone to your head.'

Gibbs felt anger rising up inside of him He stood up to meet Fornell face to face.

'This is NOT about Dinozzo,' he said in a low voice. 'This is about working out why a joint undercover operation went wrong.'

The two men stood, staring each other down until Gibbs' cell rang.

'Gibbs.'

'Gibbs! Gibbs! I had this really cool idea! It came to me while Tony and I were eating dessert! We were talking about the case – well, technically we were talking about you being Florence Nightingale….'

'Abby! What's your idea?'

'Sorry! Okay. What if the Maxwell who stood there and watched Sharlon do the shooting was not actually Maxwell? What if he was a doppelganger for the real Maxwell? That would explain the tattoo _and _the way he behaved.'

'But why would Sharlon kill him?' mused Gibbs, thinking out aloud.

'Well I haven't figured that bit out, Gibbs,' said Abby, sounding slightly hurt. '_I'm_ the forensic scientist. _You're_ the investigator.'

'How can you prove it?' asked Gibbs as Fornell sat down impatiently.

'Normally we'd need the body and do a DNA match with something we KNOW belonged to Maxwell,' said Abby.

'His superior's hardly gonna go for that,' said Gibbs, recalling clearly Fornell's point about what Gibbs' reaction would be if Dinozzo was the dead agent. Hell would literally have to freeze over before Gibbs would relinquish Tony's body to the FBI.

'I know! I know!' exclaimed Abby excitedly. 'That's the coolest thing. I don't need the body. I rang through to get Maxwell's file. His blood type is AB. That's really rare. All we need to do is get a blood sample from the deceased Maxwell and see if they match. Ducky's clearing it with the director now.'

'Good work Abs,' Gibbs told her before ending the call.

'What now?' demanded Fornell, his eyes narrowing.

'Now,' said Gibbs, 'we wait for a test result that will hopefully prove us _both_ right. In the mean time, I'm going back to my team. I'll call you.'

…………………………………………………

By the time Gibbs arrived back at NCIS, McGee's chair was surrounded by a ring of paper balls. Ziva was putting the finishing touches to her write-up of their visit to Mrs. Maxwell, and Tony was perched in his usual chair, happily doing Jack Nicholson impersonations.

'How'd it go with Fornell?' asked Tony as Gibbs strode in.

'Like I expected it to go,' came Gibbs' terse reply. 'Where's Abby?'

'In the lab with Ducky conducting a blood test,' McGee informed him. 'She was pretty excited.'

'Excited isn't the word, McGoo,' Tony told him. 'She was electric! I haven't seen her that excited since she and Sister Rosita bowled two triple strikes on the same night.'

'Do you really think it's plausible that the guy wasn't Maxwell?' asked McGee. 'What are the chances that two people would look exactly the same without being biological twins?'

'They say that everyone has a double, McGee,' Ziva told him. 'There are only so many different variations of the human form.'

'That means there's another Gibbs out there Boss,' chirped Tony as he threw another paper ball at McGee. 'Actually, that's a pretty scary thought!' he added.

'Well here's another scary thought, Dinozzo,' growled Gibbs. 'You're only here because of your own stupidity. Quit making a mess or you're gonna cop a head-slap – concussion or not. Understood?'

'Yes, Boss. Understood,' said Tony, but he couldn't quite hide his grin and Gibbs made an elaborate show of looking for something in his bottom drawer so that he could hide his own smile.

The ding of the elevator announced Abby's arrival. She was beaming and waving a print-out above her head.

'Ahem,' she coughed to get everyone's attention. 'FBI agent Maxwell is or was blood type AB negative. The man, now deceased, who stood by as Sharlon shot at McGee, was blood type 'O'. He was not Maxwell.'

'Good work, Abby,' said Gibbs.

'You're amazing Abs!' added Tony.

'So what happens next?' asked Ziva. 'Where is the real Maxwell?'

'That's a mystery the FBI are going to have to solve,' said Gibbs. 'I'm gonna ring Fornell and tell him the news. Tomorrow he and I are going to have another talk with Sharlon. We still need to know where the weapon came from and why he shot the guy pretending to be Maxwell.'

'And why he tried to frame Tony,' added Abby, obviously still very indignant about that fact.

'So what do we need to do now?' asked Tony.

'McGee and Ziva need to finish their reports,' Gibbs told him, 'and YOU need to go home, get cleaned up and get some rest.'

'A shower is definitely required, Tony,' McGee teased him, wrinkling his nose.

'And a shave,' added Ziva. 'It is enough that you have a hairy _butt_.'

'Alright, alright, I can take a hint,' complained Tony as Abby passed him his crutches, but they could all see that the dark cloud that he had arrived with earlier that day had lifted.

…………………………………………………….

The next morning, Gibbs drove Tony to the prison where the interview with Sharlon was going to take place. Tony was talking incessantly about movies set in prisons. Gibbs often wondered how Tony found the time to watch so many movies. It seemed that he had a photographic memory of each movie he had ever seen. Ordinarily, Gibbs would have given Tony the death stare to silence him, but after such a dark week, the chattering was music to his ears.

Once they had arrived home the night before, Gibbs had managed to help Tony shower and shave without too much fuss or embarrassment. It had helped that Tony was in such an upbeat mood after the events of the afternoon. There was no way that Fornell was going to pursue the angle of prosecuting Tony when he had the whole Maxwell mess to sort out. After dinner, however, Tony was almost asleep where he sat. After turning in early, Tony had slept, as far as Gibbs could tell, without nightmares. Now, without the stubble, and dressed in the loose jeans and long-sleeved top that Gibbs had picked up from Tony's place on their way home, Tony looked almost like his usual self.

When they arrived at the prison, Gibbs killed the engine and made a throat-cutting gesture to indicate to Tony that he should stop reciting lines from 'The Great Escape'.

'Stay here,' he told his agent. 'I just wanna clear something with Fornell.'

'Got it, Boss,' Tony replied.

As he waited in the car, Tony took a couple of deep breaths. His ribs were still sensitive, his right wrist was useless and he couldn't quite put all of his weight on his injured leg, but he felt good. When Gibbs had told him that morning that he wanted Tony to sit in with the Sharlon interview, he hadn't known what to think. In one way it was a pretty scary prospect to meet up with a criminal who had made a claim that could have sunk his career. But Gibbs would be there with him, and Gibbs was confident that Tony's presence might trip Sharlon up. After all, Sharlon still believed Tony to be dead. Something in Tony looked forward to seeing Sharlon's reaction.

…………………………………..

The three agents sat in silence as they waited for Sharlon to be brought in. Fornell had greeted Dinozzo as he and Gibbs had made their way towards him in the car park, the younger agent leaning heavily on the single crutch, but he wasn't about to apologise. He doubted he ever would. Gibbs wasn't the only one with a set of rules.

Gibbs had made sure Dinozzo and Fornell were sitting either side of him in the interview room. He knew Fornell had every right to be pissed off by the whole situation, but he'd prefer Fornell directed his anger and negativity towards him rather than Tony. Tony had simply been the meat in the sandwich. He didn't deserve Fornell's wrath.

When the guards arrived with Sharlon, the terrorist paused in the doorway. Had he not been highly trained to school his emotions, he would have had to pick his jaw up from the floor. Gibbs did not miss, however, the flicker of shock that flashed across Sharlon's face as his eyes rested on Tony. The guards urged Sharlon towards the vacant chair where he sat down.

'Surprise,' said Tony, his expression neutral.

'I feel some surprise, yes,' admitted Sharlon, 'but I am not totally shocked.'

'Why?' demanded Fornell, leaning forward.

'Because, of the three men you sent to spy on me, this one was the only one who was convincing,' said Sharlon, smiling. 'I am not surprised that he could fake his own death.'

'You knew about the undercover operation from the beginning,' stated Gibbs.

'Oh yes,' replied Sharlon. 'From a reliable source.'

'Maxwell,' said Fornell. 'Or whatever his real name was. We know he wasn't the real Maxwell.'

'Precisely,' affirmed Sharlon. 'You have done your homework.'

'But why kill him?' asked Tony. 'Wasn't he your buddy?'

'He was,' said Sharlon. 'But he was no longer of use. He was making mistakes. It was only a matter of time before he was found out. And he wanted out. There is no 'out'. But he had already served a useful purpose for over one year.'

'Who gave you the gun?' asked Gibbs directly.

'Maxwell,' said Sharlon, 'which was quite ironic given how his life ended. He thought it was going to help us both escape, but I never planned to take him with me. I hope that clears up all the details for you.'

Gibbs, Fornell and Tony were slightly stunned by the cold way the smiling terrorist had laid out the facts. They had expected to have to extract the truth from him – not have him tell them chapter and verse.

'Why tell Fornell that I was your accomplice?' asked Tony. As much as he was reluctant to ask the question, he had to know. Sharlon smiled his irritating smile.

'For something to say,' he told him. 'To put the cat amongst the pigeons. To rock the boat. To upset the applecart. If you were all running around like chickens without heads, the focus would be off me. I do not like being in the spotlight.'

Tony shook his head. Sharlon's throw-away line had almost been enough to end Tony's career. It had certainly sent him into a downward spiral, doubting his own morality and loyalty. If it hadn't been for Gibbs, Tony would have hit rock bottom by now. And all because of the man before them and Tony's own insecurities.

'I've heard enough,' said Fornell. 'You'll be tried for two murders and the attempted murder of a federal agent. Add that to your other activities and you'll never see light of day again.'

'That may be so,' said Sharlon calmly, 'but we are everywhere; even where you would never think to look.'

'Take him away,' Fornell told the guards in disgust. 'I've heard enough.'


	16. Chapter 16

UNTIL INNOCENT

CHAPTER 16

Ziva and McGee looked up eagerly from their work as Gibbs strode into the bullpen minus Tony. Although Gibbs wasn't beaming, the spring in his step was encouraging.

'Boss, how did it go with Sharlon?' asked McGee.

'Abby already told us about the blood test result,' said Ziva. 'How did Fornell react?'

'Are you gonna keep asking me questions, or are you gonna shut up long enough for me to answer one of them?' asked Gibbs as he sat at his desk and put his gun in the draw.

'No Boss. I mean yes Boss,' stammered McGee. 'No we won't keep asking you questions, and yes we're going to shut up long enough for you to answer them.'

Gibbs glared at him.

'Shutting up now Boss,' he added, realizing that he was beginning to sound like Tony. Now that was a scary thought!

'Sharlon coughed it up that the guy posing as Maxwell gave him the weapon. The guy wanted out of the terrorist operation but that wasn't ever going to happen. Sharlon knew from the start that Carter, McGee and Dinozzo were federal agents. Fornell's understandably pissed that the FBI's been infiltrated at least once. Dinozzo's no longer on his radar.'

Ziva and McGee let out small sighs of relief. It was terrible to think of what the real Maxwell's fate might have been, but they didn't _know_ him. They both felt really glad for Tony.

'Where _is_ Tony?' asked Ziva. 'Is he not supposed to be where you can monitor him?'

'I dropped him at my place,' said Gibbs as he fired up his computer. 'A nurse is coming to check his gunshot wound.'

'Boss, Tony alone with a nurse! Do you think that's a good idea?' asked McGee.

'Probably not, McGee,' said Gibbs, 'but he knows better than to try and go near my dishwasher again.'

McGee resumed his work, more happily this time, but Ziva was deep in thought. There was something that was not right. Something that was, as Abby would describe it, 'hinky'.

'Why did Sharlon not shoot at Tony?' she ventured out aloud. 'He knew that he was also a federal agent, yet his first shot was at McGee.'

'I had a gun,' said McGee. 'Tony didn't.'

'True,' said Ziva. 'But he fired only one shot at you, which ended up in Tony's leg. It seems to me that he did not quite finish the job. And why did he not try and escape after he had shot Carter and Maxwell? On the video footage it is as though he allowed himself to be restrained.'

'Theory?' asked Gibbs, intrigued and a little concerned.

'I do not have your famous 'gut',' said Ziva, 'but I have a feeling that Sharlon abandoned the escape attempt because his original plan was ruined by something.'

……………………………………………………..

'There,' said Nurse Adams as she finished re-dressing Tony's wound. 'I'm really pleased with how that's looking. Do you need some help with your jeans?'

'You know,' said Tony as he managed to pull his jeans back up with one hand, 'I have a hundred lines I could use right now in response to that question, but I bet you've heard them all.'

'You're right,' she laughed as she returned the spare dressing to her kit. 'I've heard some lines that would make _you _blush!'

'Would you stay and have a cup of coffee with me?' asked Tony. He really liked Nurse Adams. All the nurses in the hospital had been good to him, but she had always seemed to know when he needed to be alone and when he needed some company.

'I'd like that very much,' she told him. 'I'm due a break. I'd be happy to spend it with you.'

'Well, are you also happy to _make_ the coffee?' asked Tony in his most charming tone. 'Gibbs has banned me from the kitchen. If I break any more of his crockery, my life won't be worth living.'

'Okay, but only if you call me Patricia,' she said with a smile.

'Deal,' agreed Tony.

As Patricia busied herself making the coffees, Tony peered into her nursing kit.

'You've got some heavy duty stuff in here,' he called to her. As she walked in with the coffees, she found him examining a large hypodermic needle.

'Be careful with that,' she warned him. 'It's loaded.'

'Again, so many lines,' said Tony, wistfully.

'We each keep one of those primed and ready to go in case a patient needs to be sedated quickly,' she explained as she returned it to the kit. 'If someone panics or is suddenly gripped with pain, that will knock them out until we can get an ambulance.'

'Surgical scissors too,' commented Tony as he continued to peer into the kit. 'You've got a regular arsenal in there.'

'Well, as a federal agent, you carry a gun,' said Patricia. 'We're both armed – just in different ways.'

'Well you're more armed than me at the moment,' said Tony, sitting back. 'I won't get my gun back until this plaster's off and I can show Gibbs that I can still shoot straight.'

'Why do you call your Dad 'Gibbs', or is that too personal a question?' asked Patricia.

'Oh, he's not my Dad,' said Tony, his face puzzled. 'He's my boss.'

'But isn't this his house?' persisted Patricia. 'And he told me he was your father when you were still in ICU.'

'Ah,' said Tony, blushing slightly. 'That would be Gibbs making sure you didn't throw him out. And I'm staying here because a condition of my release was that someone would be looking after me.'

Patricia nodded her head in understanding but her mind went back to the night in ICU. Agent Gibbs might have lied to prevent her from throwing him out, but she clearly remembered how worried and tired he had looked. There was much more feeling between the two men than that typically shown between superior and subordinate.

The sound of the doorbell interrupted her thoughts.

'I'll get it,' she told Tony as she put her cup on the coffee table. 'You still need to keep off that leg as much as possible. Don't think I didn't notice that a few extra stitches had been added.'

'Yes ma'am', returned Tony. He was liking Nurse Patricia Adams more and more, he decided. He heard the sound of the front door opening. He then heard a familiar voice. It was a voice that chilled him to the bone, but it was too late. Patricia had already allowed him entry to the house.

………………………………………………..

'So we no longer have to concern ourselves with the FBI charging Tony with anything,' said Jenny Shepherd to Gibbs. The two were sitting in her office. Gibbs had just completed his summary of the recent events.

'They're more concerned about finding Maxwell,' said Gibbs.

'Well, without wanting to sound harsh, that's their problem,' said Jenny. 'How's Tony?'

'He'll live,' said Gibbs. 'There's no way he'll stay at home for the next few weeks waiting for his cast to come off, but there's a stack of cold cases he can read through.'

'Now Jethro,' teased Jenny. 'You can cut him a little slack. Haven't you bonded having him at home with you?'

'He defied a direct order to stay put and caught a taxi into work,' grumbled Gibbs. 'And he still hasn't given me a good reason why he nearly got himself killed by throwing himself at McGee,' he added. 'It's like he's got some kind of death wish.'

'I seem to recall _you_ being reprimanded early in your career for 'reckless' acts,' said Jenny in an amused tone. 'I could accuse you of calling the kettle black.'

'Not the same,' argued Gibbs. 'I always calculated the risk. Dinozzo doesn't seem to think his survival matters.'

Their conversation was interrupted by the ringing of Gibbs' cell.

'Gibbs. He what? When? Any sightings? I'm on my way.'

Jenny stood up as Gibbs did. Gibbs didn't panic, but there was something akin to panic in his eyes and his manner.

'What's happened?' she demanded.

'It's Sharlon,' Gibbs told her in a hushed voice. 'He's escaped.'


	17. Chapter 17

UNTIL INNOCENT

CHAPTER 17

_This is definitely the second last chapter! Thanks for your continued interest. Zan._

'This really is unnecessary,' said Tony as Sharlon handcuffed his injured wrist to the car door handle. 'I can barely walk, let alone run. And _you_ should know because _you_ put the bullet in my leg.'

'I have learnt that you are not to be underestimated,' Sharlon told him as he started the car. 'You have, as they say, returned from the dead. How can I be sure that your injuries are real?' he added, his tone playful and sinister at the same time.

'Okay, suit yourself,' said Tony. 'But Gibbs is not going to be happy about you taking his cuffs, and don't get me started about you wearing his jacket.'

'He would not like someone like me wearing his clothes?' asked Sharlon as they drove off.

'Gibbs wouldn't care about the jacket,' said Tony, his eyes scanning the street for someone he could yell out to, 'but the colour's all wrong for you.'

'Always with the jokes,' said Sharlon, chuckling. 'I think it is your trademark strategy. You make out that you are not serious; that you are more interested in singing and whistling and talking about girls. You did not fool me, but I can see that I could learn a lot by watching you.'

Tony digested this and tried to figure out how he fitted into Sharlon's plans. Sharlon surely wasn't planning on killing him any time soon; otherwise he would have already done it at Gibbs' house. For a while the two men traveled in silence. At least, thought Tony, Sharlon had not brought Patricia along.

………………………………..

Gibbs and McGee stormed into Gibbs' house through the front door as Ziva entered via the rear one. All three had their guns drawn. Gibbs had tried to ring Tony on his cell and the landline, but to no avail. Now he knew why he had not been able to reach him. Tony's cell was on the coffee table. A medical bag was beside it, with two unfinished cups of coffee.

'All the upstairs rooms are clear,' Ziva told him.

'All clear down here as well Boss,' said McGee, his voice breathless with anxiety.

Suddenly, all three agents heard a banging sound coming from below them.

'The basement!' exclaimed Gibbs.

Patricia Adams gave an involuntary squeak as the basement door was unlocked and opened. Gibbs immediately lowered his weapon and signaled for Ziva and McGee to do the same.

'Are you hurt?' asked Gibbs as he extended his hand towards her.

'No, not at all!' Patricia said as she grasped his hand and left the basement stairs. 'But a man came and took Agent Dinozzo. I tried to convince him to take me instead because Tony's still so incapacitated, but Tony wouldn't hear of it. Agent Gibbs, he can barely walk! I'm so sorry that I couldn't convince him to let me go in his place!'

'It's okay,' Gibbs told her. 'Dinozzo's never been any good at following instructions. Besides, it seems Sharlon came here specifically to get Tony. Did Sharlon say anything about where they were going?'

'No,' said Patricia, 'but he made me hand over my car keys, so I know he's taken my car. My registration is written here on my card. Agents Gibbs, you've got to find him.'

'It is okay,' Ziva told her as Gibbs started barking instructions into the phone for a BOLO to be put out on the nurse's car. 'If Sharlon had wanted to kill Tony, he would have done it here.'

'Is Sharlon armed?' asked McGee.

'He has a knife,' Patricia told him, her eyes clearly showing her concern. 'He held it to Tony's throat while I found the handcuffs and some clothes.'

'Let's go! We'll wait in the car until a sighting gets called in!' barked Gibbs. 'Ziva, stay here with Nurse Adams and take her statement.'

'Can I come with you?' Patricia begged. 'Tony might need immediate medical attention that I can administer. I promise to stay out of the way.'

'Fine,' was Gibbs' response. 'But you do nothing without my say so.'

……………………………………………..

'We're heading to the airport,' said Tony out aloud as he recognized the streets Sharlon was taking.

'You are correct,' Sharlon told him. 'Very astute of you.'

'So why not just go straight there after you busted out?' asked Tony. 'Why risk coming to get me? Haven't you just wasted a whole lot of valuable time?'

Sharlon stopped at a red light, turned to face Tony and smiled.

'I am something of a perfectionist,' he said. 'My original plan for escape was to take a hostage – a bargaining tool to secure what I needed to get back to my country. You were my original choice as a hostage.'

'Why me?' asked Tony as the car started moving again.

'A hostage is only valuable if he or she is worth a great deal to someone or to an organization or both,' explained Sharlon. 'Of the three undercover agents, you were the most convincing. Even though I knew you were undercover, you almost convinced me that you were ready to join our cause. Your people would never sacrifice you. They will be very keen to get you back. I am sure I can ask for anything in exchange for your safe return.'

'You're crazier than I thought you were if you really believe that,' said Tony as he wriggled his fingers to try and get some circulation going.

'The way your superior regards you…' commented Sharlon. 'There is nothing he would not give for your safe return.'

'Gibbs doesn't do deals with terrorists,' Tony told him with certainty.

'If you really believe that,' said Sharlon, 'then you underestimate both him and yourself.'

………………………………….

'There's been a sighting on Cross Street,' said McGee, his voice urgent. 'The car's heading south.' Gibbs put his foot down and the other three occupants held on for dear life.

'They must be heading for the airport,' said Ziva from the back seat. 'Perhaps Sharlon has a plane waiting for him.'

'Or maybe he's planning to bargain for one,' muttered Gibbs. His knuckles were white against the steering wheel. Bad enough that Tony was caught up in the middle of this. Worse still, his agent was physically incapacitated. There was no way Gibbs could reasonably expect an unarmed and injured Tony to overpower Sharlon. _First things first_ he told himself. First they had to catch up with the car, then they'd have to work out how to get Tony back. Gibbs just hoped they wouldn't be needing Nurse Adams' services again.

……………………………………………………….

'So where are we going?' asked Tony. 'I need a vacation. A resort would be nice.'

'Once we are at the airport, you will make contact and arrange for a plane to be put at my disposal. I am a trained pilot, so it will be just the two of us,' explained Sharlon.

'You know that Gibbs will have already worked out you have me with you,' Tony told him. 'He's probably on his way here right now.'

'I expect him to be hot on our heels,' said Sharlon confidently, 'Once he is part of our negotiations, we shall soon be high and dry.'

'You know,' said Tony, again looking around to see if there was anyone around that he could signal distress to, 'a friend of mine who was born overseas but actually lives in the states has _so_ much trouble with idioms it's not funny. They just seem to roll off your tongue. It's really quite impressive.'

'Know your enemy,' said Sharlon as they slowed to another red light. 'Know the way they speak, the way they think and the way they act. Then you know how they can be defeated.'

Sharlon's sermon stopped abruptly.

'What is this?' he asked, nodding his head forward. Tony looked to discover three elderly women in fluorescent jackets with collection tins in their hands. The signage on the tins indicated that they were collecting for the 'Sisters of God Charity Appeal'.

'They're collecting money to help the poor,' Tony told him, his mind calculating wildly. Was this his chance to get out of this? He would not risk harm to these women, but maybe there was a way they could help him.

'You need to give them some cash,' he told Sharlon.

'I will just ignore them,' said Sharlon, tightening his hold on the wheel. 'Look forward and pretend that you don't see them.'

'Oh that's not gonna work!' exclaimed Tony. 'They just don't take no for an answer. If you don't give them at least something, they'll make a huge fuss and before you know it you'll get all kinds of unwanted attention. Believe me, I know what I'm talking about.'

'But I have no money,' said Sharlon as one of the women neared the driver's side window.

'Look in the glove box,' Tony urged him. 'I bet Nurse Adams keeps some money handy for occasions just like this.' _Please let Patricia be the caring and sharing type_ thought Tony ferverently. Sharlon delved into the glove box and brought out a handful of change. He opened the car window and reached out his hand to the smiling woman who was rattling the tin.

'Thank you sir,' she said, graciously. 'Kindly post the coins into the slot. I'd do it myself but I've got the shakes. Comes with age you know.'

Tony blessed the Sisters of God and gave thanks for whatever illness gave this particular saint the shakes as he slid the hypodermic needle from out of his sleeve and drove it into Sharlon's thigh.

……………………………………………..

'There!' yelled McGee unnecessarily. Up ahead, at the intersection, was mayhem. Several drivers had left their cars to go to the assistance of three elderly women who stood beside Nurse Adams' car. One elderly lady was being supported by the other two who were staring, their faces aghast, into the driver's side window. Cars were banked up and some of the drivers were out of their vehicles trying to see what the hold-up was. Gibbs drove his car at a crazy angle along the gutter and pulled to a screeching halt. He, Ziva and McGee scrambled out, weapons drawn, leaving Patricia to nervously wait.

As they neared the car, Gibbs fought to control his emotions. It seemed a lifetime ago that he had approached a car in this manner; knowing that Tony was inside with a killer but unaware of Tony's fate. He prayed that the outcome would be similar, but when would Tony's luck eventually run out?

As Ziva ushered the three women aside, Gibbs peered inside the car. Sharlon sat with his eyes half open but unseeing. His tongue lolled slightly out of his mouth. An enormous needle was protruding from his thigh.

At the sight of Gibbs, Tony leaned sideways slightly and managed a grin for his boss.

'Hey,' he said in greeting.

'You okay Dinozzo?' Gibbs asked, his eyes scanning Tony for any added signs of injury.

'Yeah,' replied Tony, 'but you wouldn't happen to have any bolt cutters would you Boss? I'm kinda losing circulation in my fingers.'

Gibbs hollered to McGee to bring the tool kit from his trunk.

'And bring the nurse too!' he added. 'Not for you,' he told Tony, whose face had lit up. 'Just for once it seems that you don't need medical attention. Thanks to you, however, there are three hysterical women who need calming down.'

'Sorry about that Boss,' said Tony as McGee cut the cuffs.

'What have I told you about apologizing?' said Gibbs. He lightly cuffed the back of Tony's head and ruffled his hair before helping him out of the car.


	18. Chapter 18

UNTIL INNOCENT

CHAPTER 18

The official reception area at NCIS was crowded with agents, officials and other staff. Medal presentations were regarded highly and everyone available was expected to attend. A week had passed since the capture of Sharlon. For once, the official wheels had not been slow to recognize bravery beyond the call of duty. Director Jenny Sheperd approached Gibbs the moment she arrived. The ex-marine was dressed in what was probably his best and only suit.

'Very smart, Jethro,' she told him. 'I'm impressed.'

'How long is this going to go for?' he asked her gruffly. 'There's still work to be done you know.'

'If you'd turned up to collect your own medals for bravery, you'd know exactly how long these things go on for,' she admonished him. 'You should be pleased. It was a good result.'

'Not really,' disagreed Gibbs. 'One dead FBI agent. One missing FBI agent, presumed dead. One injured NCIS agent. Three traumatized members of the public. Breaches of security at FBI headquarters and at a federal prison.'

'Two NCIS agents survived. The FBI are alert to possible impostors and are tightening up their protocols. At least one guard has been stood down at Quantico. Sharlon's never getting out,' said Jenny. 'We have a lot to be thankful for. It could have been a lot worse.'

'Matter of opinion,' grumbled Gibbs.

'You need to stop being a glass half empty person,' Jenny told him. 'Lighten up. Look at how excited Abby is.'

The pair looked across to where Abby stood with McGee and Ziva. There was no disguising the delight in Abby's eyes. She was even wearing her favourite boots. In her hands she held a large, wrapped gift.

'This is SO cool!' Abby said to McGee, tugging on his sleeve. 'Isn't it great, McGee?!'

'I guess,' said McGee. 'I know he deserves it, and if they weren't going to give it to him, I would have put in a personal request that they did. It's just that he's going to be even more insufferable than usual. It's bad enough when he's here to collect Gibbs' medals. His acceptance speech is gonna go on for an eternity.'

'Don't be mean!' Abby scolded him and gave him a jab to his ribs for good measure. 'He saved your butt! Remember?'

'Abby is right,' Ziva told him. 'I remember how shredded up you were when you spoke about how he injured himself saving you.'

'Cut up,' McGee corrected her. 'You're both right. I guess I can put up with the gloating and carrying on. I wonder where he is. I thought for sure he'd be here lapping up the attention by now.'

The three of them scanned the growing crowd but could not see Tony anywhere. By the time the ceremony began, there was still no sign of him.

When the master of ceremonies began the official proceedings, Gibbs stepped forward to accept the medal for bravery and going beyond the call of duty on Anthony Dinozzo's behalf.

'It's a pleasure to accept this for Agent Dinozzo,' Gibbs told the gathering. 'He's a fine agent. His whole team is very proud.' And then he left the lectern to the sound of polite applause.

'You _**knew**_ he wasn't coming!' accused Jenny as he approached her. 'Why didn't you say he wasn't planning to attend?'

'Because then you would have made a big fuss about it,' Gibbs told her as he pocketed the medal. 'And that's exactly why I never announce _**I'm**_ not coming.'

'You two are so like each other it's scary,' stated Jenny. 'Well, at least this way we finally got _**you**_ to make an appearance at one of these ceremonies. I guess we'll just have to be grateful for that.'

Jenny paused to sip her drink before continuing.

'How is Tony? He's got four more weeks before his cast comes off, hasn't he?'

'Yep,' replied Gibbs. 'He's finally gone back to his own apartment as of yesterday. I've got my own couch back at last.'

'That's good to hear,' said Jenny, amused. Gibbs didn't fool her for a second, but if he wanted her to think he was glad to see the back of Tony, then she'd go along with the charade.

'Gibbs!' exclaimed an annoyed Abby as she approached them. 'You SO have some explaining to do!'

…………………………………………

As he had expected to, Gibbs discovered Tony at a table outside his favourite pizza café. Tony could easily walk there from his apartment. He still wasn't allowed to drive but was managing to walk short distances without his crutches. Gibbs watched and waited until Tony had finished flirting harmlessly with the waitress. It was good to see further proof that the old Dinozzo was back.

'Boss?' said Tony, a little surprised as Gibbs pulled out the chair and sat opposite him. 'Nice suit.'

'Well, they tell me that _you_ always dress up to collect awards on my behalf,' said Gibbs. 'I didn't want people making comparisons.'

'Oh, there's no comparison,' said Tony. 'Armani versus Seers? Come on!'

Gibbs smiled and reached into his pocket. He placed the square, velvet box on the table and slid it towards Tony. The younger man remained still for a few moments before opening the lid and looking at the shiny medal. His name was engraved on it as well as the current year. He gave a nod before closing the lid and sliding the box back towards Gibbs.

'It's funny,' Tony said. 'I never understood why you were happy for me to collect your awards. For a while there, all I wanted was to be nominated for one.'

'And now?' asked Gibbs. Tony shrugged.

'I was just doing my job,' said Tony. 'And if I'd done it better, _no-one_ would be dead.'

'You saved McGee's life, Tony,' Gibbs reminded him. 'You most likely saved that Nurse's life as well. Thanks to you, Sharlon is locked up in maximum security – probably for the rest of his life. You deserve that award.'

'Yeah, well the medal's kinda nice, but it's not like there's anyone I feel like showing it off to,' confessed Tony.

Gibbs sat back and reflected upon what Jenny had said about him and Dinozzo being alike. She'd made such comparisons before, but Gibbs had always brushed them off. Now, Tony was sitting there articulating, better than Gibbs could, the reasons why neither of them needed or wanted the medals. Shannon would have been thrilled by any official recognition of Gibbs' work. She would have displayed them proudly. But there was no proud partner any more. And who did Tony have to be proud of him? Certainly not his father. The bastard didn't even show up when his son was at death's door.

'Want me to keep it in a safe place for you?' asked Gibbs. Tony beamed at Gibbs as though his boss had just given him the ultimate of compliments.

'Yeah,' he said softly. 'I'd like that.'

The two sat in companionable silence until Tony spoke again.

'Thanks, Boss,' he said. 'You know. For sticking by me through all of what happened.'

'It's my job,' said Gibbs. 'You're part of my team.'

'Not your job to sit at the hospital and put up with all my crap,' insisted Tony. 'Not your job to let me stay at your house and do personal stuff for me. You didn't have to do that. But I'm really grateful that you did. Means a lot, you know? I don't know how to repay you.'

Gibbs said nothing for a while before leaning slightly towards Tony and fixing him with his intense eyes.

'The only thing I want from you, Tony,' he said, 'is for you to never doubt yourself again. The whole time Fornell was wanting your head on the chopping block, there was not a single member of your team who thought you might be a traitor – except you. I need my senior field agent – my friend – to have complete faith in himself. Understood?'

Tony reddened slightly as he recalled the moments in the elevator and in the hospital. He looked down at the table for a few moments before looking up to see that Gibbs was still waiting for an answer.

'Understood,' he whispered.

Gibbs nodded and settled back in his chair again. He still hadn't addressed with Tony the issue of why he thought so cheaply of himself that he continually put himself in danger to save others, but that was something that would have to wait for another day. For now, it was enough that Tony had agreed to trust himself more.

'Hello Tony. Hello Agent Gibbs,' said Patricia in a bright, cheery voice.

'Patricia,' said Tony, immediately switching on the charm he was famous for. 'Glad you could make it. Let me get you a chair.'

'No, no,' protested Gibbs as he stood up. 'I was just going. Take this one. I didn't realize you were expecting someone, Dinozzo.'

'Well, I kinda owed Patricia at least a decent cup of coffee,' explained Tony as she sat down. 'The last one she had to make herself because you'd banned me from your kitchen. And then it was …well… interrupted!'

'Are you sure you won't join us?' Patricia asked Gibbs. Her manner was open, intelligent and friendly. Gibbs decided that he liked the idea of this woman spending time with Tony. If it went beyond the first few dates, it could end up being the perfect relationship, particularly given the number of times Dinozzo ended up needing medical attention!

'No, thank you,' said Gibbs, ignoring the way Tony's eyebrows shot up in reaction to his Boss using manners he wasn't known for. 'I've got work to do.'

On an impulse, Tony stood up, using the table for leverage, and extended his hand towards Gibbs. Gibbs took Tony's hand and shook it warmly.

'Thanks for stopping by,' said Tony. 'I meant what I said.'

'So did I,' Gibbs told him. 'Every word.'

Tony nodded, released his grip and sat back down at the table.

'See you back at the office,' he told Gibbs.

'Not before you've got medical clearance,' Gibbs told him brusquely. 'If you turn up without the right paperwork signed, you'll be looking at cold cases for the next three years.'

'Got it Boss,' said Tony as he gave a mock salute.

'See that he stays out of trouble, will you,' Gibbs implored Patricia. 'God knows he can't seem to stay out of it himself.'

With that, Gibbs returned to his car and sped off in characteristic fashion. Patricia sat and gazed at Tony, fascinated by the exchange between the two and the way Tony was still gazing in the direction of Gibbs' car.

'Are you sure you're not related?' she asked as she reached forward to lightly squeeze Tony's hand.

'Definitely,' replied Tony, smiling. 'And I wouldn't have it any other way.'

The End.

_Thank you, again, for all your lovely reviews of this story. I hope it didn't drag on too long, but there was a definite point I wanted it to reach. Thank you in particular to fellow Aussie Laine. It's great to have another writer sharing the same time zone and similar sense of humour!_


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